Amended Effective October 15, 2007

MOVIELINK TERMS OF USE

IF YOU WOULD LIKE TO USE THE SERVICES ON ANY MOVIELINK WEBSITE OR ANY PREMIUM CONTENT ACQUIRED FROM A MOVIELINK WEBSITE, YOU MUST REVIEW AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU ARE NOT PERMITTED TO USE THE MOVIELINK SERVICES OR PREMIUM CONTENT.

Thank you for visiting the Movielink website located at www.movielink.com the co-branded versions of that website located at URLs that end in the domain movielink.com and other websites operated and controlled by Movielink (collectively, the "Website"). Our Website and the services (including all Content) provided thereon (all together, the "Services") are owned and operated by Movielink, LLC or its licensors. Movielink, LLC is a wholly-owned subsidiary of Blockbuster Inc. These terms of use ("Terms of Use") along with the Movielink Privacy Policy (the "Privacy Policy") and the Movielink Manager Software License Agreement ("Software License Agreement") apply to and govern your use of the Services. (The Terms of Use, Privacy Policy, and Software License Agreement are collectively referred to as the "Agreement"). Before using the Services, please review each document in the Agreement. As used herein, any references to "your" or "you" shall include any authorized user of your account, or any Premium Content purchased via your account, with Movielink.

  1. PERSONS UNDER THE AGE OF 18. All materials, including graphic files, audio files, video files, movies, text, hyperlinks, interlinks, search engines, and other content that Movielink and or its authorized third party providers make generally available ("Site Content") or make available only to registered users pursuant to a fee-based license pursuant to Section 4(b) ("Premium Content") are intended only for those persons over the age of 18, or those persons between the ages of 13 and 18 who have received consent from their parent or guardian. (Site Content and Premium Content shall be collectively referred to as "Content"). As such, in order to register for the Services and/or obtain any of the Premium Content available through the Service, you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian. If you are under the age of 13, please exit our Website.
  2. ACCEPTANCE OF TERMS AND REGISTRATION.
    1. Complying with Terms. In consideration for visiting our Website, using the Services, and/or accessing any Premium Content you agree to comply with these Terms of Use. You agree that you will not (i) attempt and will not assist or encourage anyone else to alter or change the software or any application related to the Services, or (ii) use the Services or Premium Content for any commercial purpose. You acknowledge that Movielink may (i) discontinue the Services, and/or (ii) modify the terms under which you can use the Services and/or the Site Content and in any case, Movielink will have no liability to you as a result of such changes. In addition, if you purchase the right to view Premium Content pursuant to Section 4(b), you further agree to (i) download and install Movielink's proprietary software application, the Movielink Manager, and comply with the accompanying Software License Agreement; (ii) make timely and satisfactory payment for any Premium Content purchased by you; (iii) provide Movielink with accurate, complete and true information about yourself as required (your "Registration Information") in order to create an Account (when and if available) for use of the Services (your "Account"); and (iv) maintain and update, as applicable, your Registration Information with current and complete information. Movielink reserves the right to decline to do business with you for any reason or no reason. If you violate this Agreement, or provide inaccurate, false, or non-current Registration Information or credit card information we may, at our sole discretion, suspend or terminate your account, and terminate your access to the Services, with or without notice to you; and in such case you agree to destroy any copy of Content that you have in your possession. Furthermore, Movielink may, in its sole discretion, pursue any other available rights or remedies at law or in equity for a violation of this Agreement or its (or its licensor's) rights under copyright.
    2. Password Security. When creating an Account you may be asked to submit your email address and a password. You will be responsible for maintaining the confidentiality of your password, and agree that you will not permit the public disclosure of your user name or password, including by posting on any website. You are responsible for all activity on the Services under your Account and related to any Premium Content purchased via your account, including the activity of those individuals to whom you have provided your email address and password. You agree that you will (i) immediately notify Movielink by one of the means specified in Section 18(d) of any unauthorized use of your email address or password and (ii) ensure that you properly exit the Services at the completion of your session. Movielink shall not be liable for any loss or damage arising from your Account or your failure to comply with these requirements.
  3. PAYMENT FOR PREMIUM CONTENT. Movielink charges a license fee each time you license the right to view Premium Content through the Service ("License Fee"). The License Fee price will be made available to you at the time of purchase. Payment for such Premium Content may be made by credit card, gift cards or other means authorized by Movielink from time-to-time (e.g., PayPal) and you hereby authorize Movielink and/or its authorized agent to transact such payments on your behalf as License Fees accrue. In addition, if you authorize us to do so, we will retain your credit card or other payment information, as applicable, in our database to facilitate your checkout process for future Premium Content transactions. You agree and acknowledge that if you fraudulently report your credit card used to obtain the Premium Content from the Services as stolen, or you fraudulently report that an authorized charge by Movielink and/or its authorized agent is unauthorized, Movielink may, in its sole discretion, pursue any available rights or remedies at law or in equity, including, without limitation, the right to terminate this Agreement and your ability to use the Services.
  4. LICENSE TO SITE CONTENT AND PREMIUM CONTENT.
    1. Site Content License. Movielink grants you a non-exclusive, non-transferable, limited right and license under copyright to access, use and privately display the Site Content for your personal use only, by way of one (1) computer (or other device specifically authorized by Movielink) connected to the Services over the Internet, provided that you comply fully with this Agreement. You may "cache" pages of the Website for the sole purpose of increasing the speed and efficiency at which you access the Website in the future; however any other copy or use of a portion of the Website will constitute a copyright violation unless specifically provided for herein.
    2. Premium Content License. Premium Content includes (A) video content offerings in which you pay a specific fee to have the right to view such video content for a limited specified time period ("Rental Content"), and (B) video content offerings (which may be labeled "purchase video" on the Website) in which you pay a specific fee to have the right to view such video content for an unlimited number of times ("Retained Content").
      1. Rental Content License.
        2. Upon payment of the initial License Fee, Movielink will grant you a non-exclusive, non-transferable, limited right and license to view, use and privately display in your Residence or for Permitted Non-Residential Use, the Rental Content purchased by you, by way of one (1) computer (or other device specifically authorized by Movielink) connected to the Services over the Internet, provided that you comply fully with this Agreement. Movielink will save the Rental Content to your hard drive. You shall not be permitted to copy or move the Rental Content from its originally stored location on your hard drive. The initial license to the Rental Content is limited in its term and duration to thirty (30) days from its original date and time of download or twenty-four (24) hours from the start of its initial display and viewing, whichever occurs first, unless otherwise specified as being limited to a shorter term at the time of purchase. In some cases, to the extent specified on the Website, you may be permitted to purchase licenses for one or more additional twenty-four (24) hour viewing periods for a particular item of Rental Content. If you purchase an additional license for such Rental Content, you will be granted an additional viewing period of twenty-four (24) hours from the start of its display and viewing. You understand and agree that you will not be able to access and view such Rental Content upon expiration of the license term and that the Movielink Manager Software will automatically delete expired Rental Content from your hard drive without further notice to you. For purposes of this Section 4(b) the following definitions apply: (i) "Residence" shall mean a private, residential dwelling unit or a private individual office unit, but excluding hotel rooms, motel rooms, hospital patient rooms, restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices which are common areas or open to the public or to occupiers of separate Residences or for which an admission fee is charged; (ii) "Permitted Non-Residential Use" shall mean the private viewing by one or more persons on a video monitor (desktop, television monitor, laptop, hand-held device or otherwise) in a Non-Residential Venue; provided, however, that any such viewing for which an access fee or other admission charge (except a per viewing charge) is imposed (other than any fee related only to access such Non-Residential Venue for other general purposes) or any such viewing that is on a monitor provided by such Non-Residential Venue (or by a third party under any agreement or arrangement with such Non-Residential Venue) for display of programming in a common area shall not constitute a "Permitted Non-Residential Use";and (iii) "Non-Residential Venue" shall mean any place, area, structure or room other than a Residence.
      2. Retained Content License. Upon payment of the License Fee, Movielink will grant you a non-exclusive, non-transferable, limited right and license under copyright to create and retain a permanent copy of the Retained Content and to view, use and privately display in your Residence or for Permitted Non-Residential Use, the Retained Content purchased by you, subject to the following rules:
        1. You may retain a permanent copy of the Retained Content on the hard drive of your personal computer (or other device specifically authorized by Movielink) to which the Retained Content is initially delivered via a connection to the Services over the Internet.
        2. You may make a single back-up copy of the Retained Content on removable media (e.g., recordable DVD) in the same format as the original downloaded file to play on (i) the single computer to which it was initially delivered and (ii) if specifically permitted at the time of purchase on the Website (on a case-by-case basis), up to two (2) additional licensed computers for your personal non-commercial use. In order to enable viewing of your Retained Content on personal computers other than the one to which it was initially delivered, you will have to obtain a new license by connecting each such computer to the Services via an Internet connection, logging in to your Account and downloading a new license. Any back-up copy of the Retained Content on a DVD will not be playable on a traditional DVD player. Movielink may determine from time-to-time in its sole discretion those devices that are compatible to receive a license to view Retained Content as indicated on the Website at the time of downloading and installing the new license. Any rights granted to you hereunder (or on the Website at the time of purchase) to make and keep any copies of Retained Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any Retained Content.
        3. You are solely responsible for retaining a permanent copy of the Retained Content. If the Content that you purchase does not download and play correctly, please contact Customer Service and we will endeavor to resolve the problem, including through the means provided in Section 16 below. Once you have successfully downloaded a copy of Retained Content, Movielink will not replace the Retained Content if you are unable to play it or if you lose the Retained Content including if the file becomes damaged or corrupt, your computer crashes, your hard drive fails or the Retained Content does not play for any other reason.
        4. You agree and acknowledge that you shall not acquire any ownership rights by downloading any Retained Content from the Service, and this license granted to you as set forth in this Section 4(b)(ii) does not transfer or grant any ownership rights to you, nor act as waiver any rights of Movielink, its licensors or the copyright owners with respect to any Retained Content.
        5. (E) You may not re-sell, re-distribute, sublicense or otherwise transfer any right or license in the Retained Content, or use the Retained Content in any manner other than as set forth above or as otherwise stated on the Website at the time you purchase the Retained Content. Any additional usage rules set forth on the Website shall become part of, and are incorporated into, these Terms of Use.
    3. Restrictions. You may not: (i) frame or link to the Website except as expressly permitted in writing by Movielink; (ii) permit unauthorized individuals to use the Services; (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Content or any portion thereof; (iv) copy the Content or any portion thereof, except as specifically provided for herein; (v) sell, rent, lease, transfer, distribute, broadcast, display, sublicense or otherwise assign any rights to the Content to any third party; (vi) remove any proprietary notices or labels on the Content; (vii) use the Services in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; (viii) use the Services or Content for any commercial or illegal purpose; (ix) use the Services to invade the privacy of, or obtain personal information about, any Movielink account holder or user, or to obtain a list of Movielink account holders or users; (x) copy, modify, erase or damage any information contained on the Services, or any third party servers; (xi) use the Services to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (xii) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Services; (xiii) use the Services to post or transmit any unsolicited advertising or promotional materials; (xiv) access or use any password protected, secure or non-public areas of the Services except as specifically authorized in writing by Movielink (unauthorized individuals attempting to access these areas of the Services may be subject to prosecution); (xv) impersonate or misrepresent your affiliation with any person or entity; (xvi) interfere or attempt to interfere with the operation of the Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs; or (xvii) attempt to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software (including, without limitation, the tools that delete Rental Content for which the license rights have expired). Except only for the rights explicitly granted to you in these Terms of Use, all rights in the Content are reserved by Movielink and/or its licensors. In addition, you agree that you will not upload, post, download, or otherwise distribute or facilitate the distribution of any content that infringes on any copyright, trademark, or other proprietary right of any party. Movielink's licensors of the Premium Content are intended third-party beneficiaries of these restrictions.
  5. MINIMUM SPECIFICATIONS. The Services will operate only on those hardware and software platforms specified on the Website. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the Services. Movielink reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
  6. UPGRADES.
    1. Downloads. You acknowledge that Movielink and/or its authorized third party providers and affiliates may issue upgraded versions of the Services and Movielink Manager Software required to be downloaded by you from time to time, and may automatically electronically upgrade the version of the Movielink Manager Software that you are using on your computer. You consent to such automatic upgrading, and agree that these Terms of Use (as amended from time to time) along with the Software License Agreement and any amendments thereto will govern all such upgraded versions.
    2. Modification of Services. MOVIELINK RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO UPDATE, CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THE SERVICES OR THESE TERMS OF USE, IN WHOLE OR IN PART, AT ANY TIME. CHANGES TO THESE TERMS OF USE WILL BE EFFECTIVE WHEN POSTED. YOU AGREE TO REVIEW THESE TERMS OF USE PERIODICALLY TO BE AWARE OF ANY CHANGES. BY CONTINUING TO USE THE SERVICES AFTER ANY CHANGES, YOU AGREE TO BE BOUND BY SUBSEQUENT REVISIONS TO THESE TERMS OF USE.
  7. TITLE.
    1. Title to Site Content. Movielink is the exclusive owner and proprietor of the Services. The Site Content is owned by Movielink and/or its licensors and content providers, and is protected by applicable domestic and international copyright laws. "Movielink" and the Movielink logo are trademarks ("Marks") belonging to Movielink, LLC. Any unauthorized use of these Marks is strictly prohibited.
    2. Title to Premium Content. The Premium Content provided by Movielink or third parties through the Services is the property of Movielink and its licensors. Title, ownership rights and intellectual property rights in and to such Premium Content is the property of either Movielink or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license or right to the Premium Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Premium Content.
  8. TERMINATION.
    1. Termination for Breach. These Terms of Use (and therefore your license granted herein, including the license to use any Premium Content) shall terminate automatically and immediately if you fail to comply with any of the limitations or requirements described in these Terms of Use and in such case you must destroy any copy of Premium Content (including any Retained Content) that you have in your possession. No notice shall be required from Movielink to effectuate such termination.
    2. Termination for Any Reason. . In addition, Movielink reserves the right to terminate these Terms of Use and discontinue access to the Services at any time for any reason upon posting notice thereof on the Website. Further, Movielink reserves the right to modify, suspend or discontinue any aspect of the Website at any time without notice to you and Movielink will not be liable to you should it exercise such rights.
  9. SOFTWARE. Movielink will make available to you on its Website and on certain third party websites with which it does business a downloadable version of the Movielink Manager Software and any available updates which it generally releases (collectively, "Software").
  10. UNSOLICITED MATERIALS AND USER GENERATED CONTENT
    1. Unsolicited Submissions. Movielink is pleased to hear from its customers and welcomes your comments regarding Movielink products, including Movielink's online services. Unfortunately, however, Movielink's company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Movielink's professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If, at our request, you send certain specific submissions (excluding User Content defined in sub-section (b) below) or, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Movielink. None of the Submissions shall be subject to any obligation of confidence on the part of Movielink, and Movielink shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Movielink shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
    2. User Content. The Website may now or in the future permit the submission of videos or other materials submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published on the Website, Movielink does not guarantee any confidentiality with regard to such materials. Movielink does not claim ownership of the User Content you provide to Movielink. However, by posting, uploading, inputting, providing or submitting User Content you are granting Movielink, its affiliated companies and necessary sub-licensees permission to use your User Content in connection with the operation of their Internet businesses, including without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content; to publish your name in connection with your User Content; and the right to sub-license such rights to any third party. No compensation will be paid with respect to the use of your User Content including any images, as provided herein. Movielink is under no obligation to post or use any User Content you may provide and Movielink may remove your User Content at any time in its sole discretion.

      You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with your User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Movielink to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content to enable inclusion and use of your User Content in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in the manner contemplated by the Website and these Terms of Use. By submitting your User Content to Movielink, you hereby grant Movielink a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and Movielink's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Use.

      In connection with your User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Movielink all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Movielink or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Movielink does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Movielink expressly disclaims any and all liability in connection with all User Content. Movielink does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Movielink will remove User Content if properly notified that such User Content infringes on another's intellectual property rights. Movielink reserves the right to remove User Content without prior notice. Movielink also reserves the right to decide whether User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Movielink may remove such User Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

      You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that Movielink is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Movielink with respect thereto, and agree to indemnify and hold Movielink, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
  11. SERVICES LIMITED TO UNITED STATES. The Services are available only to customers located in the United States of America. If you are outside of the United States of America, kindly refrain from using the Services. Movielink makes no representation that the Services and any content or products offered on the Services and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than in the United States of America.
  12. LINKS FROM THE WEBSITE. The Services contain links through advertising and otherwise, to various third party websites and other resources ("Linked Entities"). These Linked Entities (other than a domain which ends in movielink.com or blockbuster.com) are not under the control of Movielink and Movielink is not responsible or liable for the content, communications or materials of any Linked Entities. Movielink is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by Movielink of the Linked Entity or its products or services, or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third-parties. Your correspondence or business dealings with, or participation in promotions of, third parties or content providers found on or through the Website, including any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party with which you contract. You acknowledge and agree that Movielink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any Linked Entity.
  13. COPYRIGHT NOTICE. You may not use the Services to help you infringe the copyrights of any third party. You agree that you shall only use the Services in a manner that violates no third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Services, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content or other content appearing on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail:
    • Your name, address, telephone number, and email address
    • A description of the copyrighted work that you claim has been infringed;
    • The exact URL or a description of where the alleged infringing material is located;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    Copyright Administrator
    Movielink, LLC
    Blockbuster Inc. Legal Department
    1201 Elm Street, Suite 2100
    Dallas, TX 75270

    Phone: (214) 854-3392
    Fax: (214) 854-3271
    E-Mail: copyrightadministrator@blockbuster.com

    Movielink seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law. You acknowledge that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid. For clarity, only DMCA notices should go the copyright administrator; any other feedback, comments, requests for technical support, and other communications should be directed to Movielink customer service via email at service@movielinkhelp.com

  14. INDEMNITY. You shall, at your own expense, defend Movielink, its parent company, and their respective suppliers and affiliates against any third party claim, suit or proceeding ("Third Party Claim") brought against Movielink, its parent company, or their respective suppliers and/or affiliates which arises out of, results from or is related to any breach by you of this Agreement. You shall indemnify and hold Movielink, its parent company, and their respective suppliers and affiliates harmless from any damages (including reasonable attorney's fees) resulting from a Third Party Claim.
  15. NO WARRANTY. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "AS IS," "AS AVAILABLE" and "WITH ALL FAULTS." Movielink, its suppliers and affiliates make no warranty as to the Services, that the Services will be uninterrupted, timely, secure or error-free, and/or their availability and the entire risk (except as provided in Section 16 as to the quality and performance of the Services) is with you. No advice or information from Movielink or through or from the Website or Services, whether oral or written, shall create any warranty. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MOVIELINK, ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  16. REMEDIES. If a defect in the Services prevents you from viewing certain Premium Content with a valid license which you downloaded from Movielink, Movielink may, at its option, (a) make available for download a patch, update or replacement repairing such defect in the Services, (b) refund to you the price you paid for such Premium Content or (c) take any other reasonable steps it deems appropriate to correct the problem. To the maximum extent permitted under applicable law, such repair, replacement or refund is Movielink's, its suppliers' and its affiliates entire liability and your exclusive remedy, in contract, tort or otherwise, relating to the Services.
  17. EXCLUSION OF DAMAGES; LIMITATION ON LIABILITY. IN NO EVENT SHALL MOVIELINK, ITS PARENT COMPANY, OR THEIR RESPECTIVE SUPPLIERS OR AFFILIATES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR DAMAGE TO YOUR HARDWARE OR SOFTWARE, EVEN IF MOVIELINK, ITS PARENT COMPANY, OR THEIR RESPECTIVE SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF MOVIELINK, ITS PARENT COMPANY, OR THEIR RESPECTIVE SUPPLIERS OR AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE LIMITATIONS IN THIS SECTION 17 MAY NOT APPLY TO YOU.
  18. GENERAL.
    1. No Assignment. You may not assign or otherwise transfer in any way any of the rights and obligations arising out of these Terms of Use without the prior written consent of Movielink which may be withheld in its sole and absolute discretion. Movielink may assign these Terms of Use in whole or in part upon written notice to you.
    2. Governing Law. These Terms of Use shall be governed by the laws of the State of California, without regard to principles of conflicts of laws.
    3. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect.
    4. Customer Contacts. If you have any questions regarding these Terms of Use or the Services, or if you would like to contact Movielink for any other reason, write to Movielink, 2120 Colorado Ave., 4th Floor, Santa Monica, CA 90404, Attn: Customer Service; via email at service@movielinkhelp.com or visit our Website at www.movielink.com.
    5. Injunctive Relief. You agree that a breach of the license rights granted hereunder and/or the restrictions thereon may result in irreparable harm and significant injury to Movielink, its suppliers or affiliates, which may be difficult to ascertain. Accordingly, you agree that Movielink shall be entitled to equitable relief, including, without limitation, an immediate injunction enjoining any further breach, in addition to all other remedies available to such party at law or in equity. You expressly agree that jurisdiction for relief sought under this Section shall reside exclusively in the federal and state courts of Los Angeles, California.
    6. Arbitration. Any and all claims, grievances, demands, controversies causes of action or disputes of any nature whatsoever (including but not limited to tort and contract claims, and claims upon any law, statute, order or regulation) (hereinafter "Claims"), arising out of, in connection with, or relating to (i) the interpretation, performance or breach of this Agreement, or (ii) the arbitrability of any Claims under this Agreement shall be resolved by final and binding arbitration before a single arbitrator, on an individual basis. Such arbitration shall be administered in Los Angeles, California by the AAA in accordance with its then-existing Commercial Arbitration Rules. Except as provided herein, the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., shall govern all proceedings hereunder. The arbitrator's award may be enforced in any court of competent jurisdiction and shall include costs and may include reasonable attorneys' fees to the prevailing party, and judgment upon the award may be entered in any court having jurisdiction thereof. YOU EXPRESSLY ACKNOWLEDGE THAT BY ACCEPTING THESE TERMS OF USE, YOU ARE GIVING UP YOUR RIGHT TO A COURT OR JURY TRIAL. Notwithstanding the foregoing, nothing stated herein shall limit either party's right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect such party's rights and interests.
    7. Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under this Agreement, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Content and the Software are not exported in violation of the United States laws.
    8. Terms of Use; No Waiver. These Terms of Use, together with any additional terms or restrictions provided on the Website as may apply with respect to any particular Premium Content, constitutes the complete and exclusive statement of terms of the agreement between you and Movielink pertaining to the subject matter hereof. No forbearance or delay by Movielink in enforcing any terms of these Terms of Use will be construed as present or future waiver of any terms of this Terms of Use, nor affect Movielink's ability to enforce each and every provision of these Terms of Use.