Terms of Services
Last updated July 24, 2019
Please read these Terms of Services (the "Agreement”) carefully. Your use of the Platform (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and A SHOW FOR A CHANGE, INC. ("Company or "we" or "us") concerning your use of (including any access to) our site currently located at MOVIKARMA.com (together with any materials and services available therein, and successor site(s) thereto, the "Platform"). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Platform or otherwise made available to you by Company at any time.
- You must be at least thirteen (13) years of age or older in order to use, view or access our Platform. If you are under the age of thirteen (13), please do not access our Platform in any way unless you can prove that you have obtained parental or guardian consent to enter into this Agreement. If you believe a user under the age of thirteen (13) is using our Platform, please contact us immediately.
- In addition, and notwithstanding the foregoing, by using the Platform you agree to abide by the age restrictions applicable to each of the Content (as defined below) viewable on the Platform.
Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Platform. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes. Your use of the Platform following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links); charge, modify, or waive any fees required to use the Platform; or offer opportunities to some or all Platform users.
Jurisdictional Issues. The Platform is controlled and operated from the United States. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Rules of Conduct. In connection with the Platform, you must not and if you do or engage in any of the following, it is a violation of this Agreement:
- Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; (d) discriminating against or that promotes hatred and/or violence towards individuals or groups based on real or perceived is considered hate speech and is prohibited on our Platform; (e) illegal; or (e) protected by copyright, trademark, trade secret, right of publicity, or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit, or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Platform for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Platform, including attempt to get a password, account information, or other private information from anyone else on the Platform.
- Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform, or violate any requirement, procedure, or policy of such servers or networks.
- Restrict or inhibit any other person from using the Platform.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Platform (including without limitation any Platform content) except as expressly authorized herein, without Company’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Platform and/or the Platform contents.
- Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Company’s express prior written consent.
- Systematically download and store Platform content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape,” "data mine,” or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt le located in the Platform’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Platform.
If you provide to us any ideas, proposals, suggestions, or other materials ("Feedback”), whether related to the Platform or otherwise, you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Company under any fiduciary or other obligation. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers), license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Feedback, in any format or media now known or hereafter developed and for any purpose (including promotional purposes, such as testimonials).
Copyrights, Trademarks, Patents and Intellectual Property Rights. The Platform contains a variety of: (i) materials and other items relating to Company, and its films, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel” of the Platform, and the compilation, assembly, and arrangement of the materials of the Platform and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively "Content”). You acknowledge that Content contained on the Platform and within Company email messages, and third party advertisements on the Platform and distributed via email, of a commercial nature and presented to you by Company and the Platform, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are permitted to use Content or third party content only as expressly authorized by Company or the third party.
Limited License. Subject to your strict compliance with this Agreement, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license ("License”) to simultaneously view up to four (4) copies of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on an unlimited number of devices, including personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only. The foregoing limited License: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. You may visit our Platform for non-commercial, personal use only, provided you keep intact all copyright, trademarks and other proprietary notices. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of the Platform, including the text, images, audio and video for commercial purposes, without written permission from Company. You may not copy, reproduce, distribute, or create derivative works from the Content or third party content without expressly being authorized to do so by Company or the third party advertiser.
Company’s Proprietary Rights. We and our suppliers own the Platform, which is protected by proprietary rights and laws. Our trade names, trademarks, and service marks include "Movikarma” and any associated logos. All trade names, trademarks, service marks, and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
Third Party Materials; Links. Certain platform functionality may make available access to information, products, services, and other materials made available by third parties ("Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials or any intellectual property rights therein. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third Party Materials through the Platform does not imply our endorsement of, or our affliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Registration and Account Security. Company may, in its sole discretion, make certain additional features of the Platform available via personalized accounts. In such event, in order to access or use some of those features on the Platform, you must first register through our online registration process on the Platform by creating an account ("Account”). If you register for an account you become a registered user of the Platform ("Registered User”). You may access or use those features of the Platform that do not require registration as a visitor on the Platform ("Visitor”). You agree to provide true, accurate, current and complete information about you when you register for an Account, and to maintain the security of your password and identification. Company reserves the right to refuse registration, or to refuse or limit access to the Platform, to anyone, in our sole discretion, for any reason or no reason. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. You are solely responsible for all activities that occur under your Account, password, and username – whether or not you authorized the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Platform using your name, username, or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your Account or any Account rights. Company reserves the right to restrict, suspend, or terminate your account if Company believes that you may be in breach of this Agreement or law, are misusing the Platform, or for any reason or no reason whatsoever.
Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Platform and any Third Party Materials are made available to you on an "As Is,” "Where Is,” and "Where Available” basis, without any warranties of any kind, whether express, implied, or statutory; and (b) Company disclaims all warranties with respect to the Platform and any Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective equityholders, managers, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, the "Affiliated Entities”) and their respective successors and assigns. While we try to maintain the timeliness, integrity, and security of the Platform, we do not guarantee that the Platform is or will remain updated, complete, correct, or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors, and materials that violate or con ict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Platform.
Limitation of Liability. To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of pro ts, use or data, loss of other intangibles, loss of security of submissions, even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Platform or from any Third Party Materials, including from any virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Platform or any Third Party Materials is to stop using the Platform; and (d) the maximum aggregate liability of Company for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount, if any, paid by you to Company to use the Platform. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Affiliated Entities and their respective successors and assigns. In addition, Company doesn’t not endorse any Content and the views and opinions expressed on the Platform and/or the Content are those of their authors, writers, or other persons, and do not necessarily reflect the official policy or position of Company or the Platform. Company shall not be liable for any claims with respect to such views and opinions.
Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Platform (including your Feedback); and (b) any violation or alleged violation of this Agreement by you.
Termination. This Agreement is effective until terminated. Company may terminate or suspend your use of the Platform at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Platform will immediately cease. Sections 4,6,8 and 12-16 shall survive any expiration or termination of this Agreement.
Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of con icts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way de nes or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Platform or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfil any obligation due to any cause beyond its control.
If you have a question regarding the Platform, please send an e-mail to [email protected]