TERMS OF USE

Last Modified: July 1, 2015

These Terms of Use (“Terms of Use”) govern your access to and use of https://www.CARAFilmratings.com, www.filmratings.com and any related mobile application (collectively, the “Sites”) provided by the Motion Picture Association of America, Inc., or any of our subsidiaries and affiliated companies (collectively, the “MPAA,” “us” or “we”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITES.

Features and Functionality Provided by Third Parties; Linked Sites; Third-Party Terms

Certain content, data feeds, features and functionality on the Sites may be owned, operated or controlled by third parties (collectively, “Third-Party Content”). The MPAA may, but is not obligated, to monitor or review any Third-Party Content. The Sites may also contain links to websites that are operated or controlled by third parties (collectively, “Linked Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. Your use of Third-Party Content and Linked Sites may be subject to separate terms and conditions provided by third parties. The presence of Third-Party Content or links to Linked Sites on the Site is not, and should not be viewed, as an endorsement by the MPAA of such Third-Party Content or Linked Sites.

Use of Content

Except as expressly provided in these Terms of Use, the Sites, including but not limited to text, design, graphics, logos, icons, images, photography, video, audio, downloads, interfaces, code, software, products, features and tools contained on the Sites, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing (collectively, “Content”), are the property of the MPAA or its licensors. The MPAA grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Content solely for your internal, non-commercial use only, subject to these Terms of Use. The MPAA may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by the MPAA and its licensors.

Prohibited Activities

You agree that you will not, without the prior written consent of the MPAA: (i) reverse-engineer, modify, reproduce, republish, sell or create derivative works from, or otherwise use the Sites or any Content, except as expressly permitted in these Terms of Use; (ii) modify or remove any copyright, trademark or other proprietary notice that appears on the Content; (iii) use any hardware or software intended to damage or interfere with the proper working of the Sites; or (iv) use any “deep link,” “robot,” “spider” “page-scrape,” or other device or program or any similar process, to access, monitor, copy or acquire any portion of the Sites or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. The MPAA reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which the MPAA may be entitled at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, accuracy and copyright of any such material. You will not submit to the Sites any content or information that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

If you do submit content or information to the Sites, and unless we indicate otherwise, you grant the MPAA an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content or information throughout the world in any media. You further agree that the MPAA is free to use, without consideration, any ideas, concepts, know-how that you or individuals acting on your behalf provide to the MPAA. You grant and are authorized to grant the MPAA the right to use, without consideration, any name or likeness you submit in connection with such content or information, if the MPAA so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate, is non-infringing and does not otherwise violate the rights of any person or entity and conforms to applicable laws.

Privacy Policy

Please review our Privacy Policy, which applies to personal information collected from or provided by you on the Sites.

Trademarks and Copyrights

All trademarks, trade names, logos, images, service marks, trade dress, Content and Third-Party Content displayed on the Sites (collectively, the “IP”) are the property of the MPAA or its licensors, content providers or other third parties. Nothing in these Terms of Use or on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any IP without the prior written consent of the MPAA or the owner of the IP.

DISCLAIMERS

YOU HEREBY AGREE THAT YOUR USE OF THE SITES, THE CONTENT OR ANY SERVICES OR MATERIALS WE PROVIDE IN CONNECTION WITH THE SITES IS AT YOUR SOLE RISK, AND THAT THE FOREGOING ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MPAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; ANY WARRANTY AS TO THE RESULTS TO BE DERIVED FROM THE USE OF THE SITES OR THE CONTENT, THE ACCURACY OR COMPLETENESS OF ANY CONTENT PROVIDED ON THE SITES, THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE ON THE SITES OR THE CONTENT, OR THAT THE SITES WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU DOWNLOAD ANY CONTENT FROM THE SITES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MPAA OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA AND LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SITES OR THE CONTENT, SERVICES OR OTHER MATERIALS CONTAINED IN OR PROVIDED ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE MPAA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CASE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, LIMITATIONS ON LIABILITY FOR INTENTIONAL OR RECKLESS ACTS AND GROSS NEGLIGENCE ARE PROHIBITED AND DO NOT APPLY.

Indemnification

You agree to indemnify and hold harmless the MPAA, its affiliates and their respective officers, directors, members, employees, contractors, agents, licensors, service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) arising out of or relating to (i) your use of the Sites or any Content; (ii) your use of any Third-Party Content or Linked Sites; (iii) your fraud, intentional misconduct, negligence or breach of these Terms of Use; or (iv) any content or information that you submit to the Sites. This provision does not apply to intentional or reckless acts or gross negligence on the part of the MPAA

Jurisdiction and Applicable Law

The laws of the State of California govern these Terms of Use and your use of the Sites, without giving effect any conflicts of law provisions that would result in the application of the laws of any other state. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in the State California for any action or proceeding arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world. The Sites have been designed to comply with the laws of the state of California and the United States.

No Exporting

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Sites, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

Changes to These Terms of Use

The MPAA reserves the right in its sole discretion, to change, modify, add or remove any portion of these Terms of Use regarding any aspect of the Sites, in whole or in part, at any time, by posting revised terms on the Sites. It is your responsibility to check for any changes we make to these Terms of Use each time you use the Sites or any portion thereof. Revised terms will take effect five days after their publication on the Sites and will apply only on a going-forward basis. Your continued use of the Sites after that point signifies that you accept the changes.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between you and the MPAA with respect to your use of the Sites subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For clarity, these Terms of Use do not affect any other agreement you may have with the MPAA for other services (e.g., any agreement relating to the submission of a motion picture for rating by the Classification and Rating Administration of the MPAA).

Waiver and Severability

No waiver by the MPAA of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the MPAA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Assignment

These Terms of Use, including any rights and licenses granted hereunder, may not be transferred or assigned by you, without our prior written consent.

User Feedback

If you submit any suggestions, feedback, ideas, questions or comments to the MPAA regarding the Sites or any Content (collectively, “Feedback”), whether posted on the Sites or provided to the MPAA by email or other means, you agree that the MPAA will exclusively own such Feedback, including all intellectual property rights therein. The MPAA shall have the right, but is not obligated, to freely use, disclose and disseminate such Feedback and/or incorporate such Feedback into the Sites or other MPAA materials on an unrestricted basis.

Remedies

At its option, the MPAA may seek all remedies available to it in these Terms of Use, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Use and any additional instructions, guidelines or policies issued by the MPAA (including those posted on the Sites).

If you have any questions or comments about these Terms of Use or the Sites, please contact us by e-mail at privacy@mpaa.org.

You also may write to us at:

Motion Picture Association of America, Inc.
Attention: Privacy
15301 Ventura Boulevard, Building E
Sherman Oaks, California 91403
USA

Thank you for visiting our Sites.

©2015 Motion Picture Association of America, Inc.