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Terns of use

TERMS OF USE Terms and Conditions of Use Please read the terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE. 1. User Acceptance and Consent to Terms and Conditions of Use Welcome to (for simplicity and completeness, reference to "" will include the website as well as any and all services provided by By using or registering for the services offered on, users and the entities or persons they represent ("User", "Users", or "you") agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use"). reserves the right to change the Terms of Use from time to time and at its sole discretion. It is each User's responsibility to inform himself or herself of the Terms of Use and monitor any changes. You can review the most current version of the Terms of Use at any time at: . Your continued use of following the posting of any changes to the Terms of Use, whether or not you have informed yourself of the changes, constitutes acceptance of those changes. Additionally, when you (a) purchase a movie ticket, (b) complete the member registration process, (c) use the customer rating and review service, or (d) use any other service offered by, you agree to the Terms of Use and any and all applicable purchase policy terms, which are incorporated herein by reference. If you do not agree to the Terms of Use please do not use Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by and shall be of no force or effect. You represent that you have read and agree to be bound by the Terms of Use, including our purchase policy terms and our Privacy Policy located at . 2. Registration; Member Account Creation and Security In consideration of your use of the site and the service, you agree to: 1. provide true, accurate, current and complete information about yourself as prompted by's registration form (such information being the "Registration Data"), and 2. maintain and promptly update the Registration Data to keep it true, accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, reserves the right to suspend or terminate your account and refuse any and all current or future use of and its affiliates. As part of the registration and account creation process necessary to obtain access to portions of the site that require a fee or payment, you will select a subscriber identification ID and a password. You will provide with certain registration information, all of which must be accurate and updated. You shall not • select a subscriber ID already used by another person; • use a subscriber ID in which another person has rights without such person's authorization; or • use a subscriber ID or password that, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your account. And, in the event of fraudulent, abusive or otherwise illegal activity, may refer you to appropriate law enforcement agencies. cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution. 3 Privacy Policy Your Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy located at 4. Users Opinions, Comments and Disputes Users may elect to submit their opinions regarding rooms and products found on; typically, this is done in the context of chat rooms, message boards, forum discussions or comment sections. These Users' comments or opinions are meant to be informative for fellow Users who elect to read or use them. These comments or opinions are exclusively those of the User who post them and are not necessarily the opinion of Moreover, does not and cannot guarantee the accuracy or veracity of these opinions or comments. is not responsible for screening, policing, editing, or monitoring the content posted by Users on the site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such content. will terminate, under appropriate circumstances and in its sole discretion, any User(s) deemed to be repeat infringers of copyrights or these Terms of Use. Notwithstanding the foregoing, neither, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communications, or content on the site. You are solely responsible for your interactions with other Users. reserves the right, but has no obligation, to monitor disputes between you and other Users. 5. License; Permitted Use You acknowledge and agree that you are only authorized, in accordance with and pursuant to the Terms of Use, to visit, view and to retain a copy of pages of's site for your own personal, noncommercial use; and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use for any purpose other than to review movie and promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorized by to do so. As an express condition of your use of, you warrant to that you will not use for any unlawful purpose or purpose prohibited by the Terms of Use. You also agree not to link or deep-link to the site for any purpose, unless specifically authorized by to do so. You acknowledge and agree that you acquire absolutely no rights or licenses in or to, its site, its services and/or its materials contained therein other than the limited right to utilize in accordance with the Terms of Use. Should you choose to download content from, you must do so in accordance with the Terms of Use. Such download is licensed to you by ONLY for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you. If you violated any part of the Terms of Use, your permission to use automatically terminates and you must immediately destroy any copies you have made of any material obtained through the site. 6. Rules Of User Conduct; User's Grant Of Limited License; User-generated Content Rules (a) Rules of User Content; Service Limitations. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom or entity from which such Content originated. This means that you, and not, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the site. does not control the Content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You further acknowledge and agree that by using, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that: • is known by you to be false, inaccurate or misleading; • is patently offensive to the online community, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), vulgar, obscene, libelous, hateful, or otherwise violates's Terms of Use; • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or rights of publicity or privacy; • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; • impersonates any person or entity, including any employee or representative of or any person or entity or falsely states or otherwise misrepresent your affiliation with a person or entity; • for which you were compensated or granted any consideration by any third-party; • harms minors in any way; • intentionally or unintentionally violates any applicable local, state, federal or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); • "stalks" or otherwise harasses another; • collects or stores personal data about other users; • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; • includes any information that references other websites, addresses, email addresses, contact information or phone numbers; and/or • contains any computer viruses, worms or other potentially damaging computer programs or files. You also agree that you WILL NOT: • harvest or collect information about the users or members of or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications; • knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent; • use any robot, spider, other automatic device, or manual process to monitor or copy's web pages or the content contained thereon without's prior written consent; • use any robot, spider, other automatic device, or manual process for any other unauthorized purpose without's prior written consent; • use any device, software or routine to interfere or attempt to interfere with the proper working of the site; • take any action that imposes an unreasonable or disproportionately large load on's infrastructure; • copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, noncommercial use) from the site without the prior written consent of; • use information from the site to harass, abuse, or harm another person; and/or • use information from the site to contact, advertise, solicit or sell to any other member or User without that member or User's prior consent. You acknowledge and agree that may preserve Content and User Content (defined below) and may also disclose Content and User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: • comply with legal process; • enforce the Terms of Use; • respond to claims that any Content violates the rights of third-parties; or • protect the rights, property, or personal safety of, its User and the public. You understand that the technical processing and transmission of the service, including your Content, may involve: • transmissions over various networks; and • changes to conform and adapts to technical requirements of connecting networks or devices. (b) User's Grant Of License. By posting or submitting Content to any User-submit areas of the site ("User Content"), you automatically grant, or warrant that the owner of such content has expressly granted, and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, create derivative works from, and/or sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you, and/or promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by will not infringe or violate the rights of any third-party. You also permit any other User to access, store, or reproduce the User Content for that User's personal use. All User Content that you submit may be used at's sole discretion. reserves the right to change, condense or delete any content on the site that it deems, in its sole discretion, to violate the content guidelines or any other provision of the Terms of Use. does not guarantee that you will have any recourse through to edit or delete any of your User Content. reserves the right to remove or to refuse to post any User Content for any reason. You acknowledge that you, not, are responsible for your User Content. None of your User Content shall be subject to any obligation of confidence on the part of, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. (c) Representations and Warranties of User. In addition to all other representations and warranties of Users, by submitting any User Content to you represent and warrant that: • you are the sole author and owner of the intellectual property rights to your User Content; • all "moral rights" that you may have in such User Content have been voluntarily waived by you; • your posted User Content is accurate; • you are at least 13 years old; and • use of your User Content does not violate the Terms of Use and will not cause injury to any person or entity. (d) Indemnification by Users. You agree to indemnify and hold, together with its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers (collectively, the "MT Parties"), harmless from all claims, demands, and damages (actual and/or consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third-party. Moreover, you agree to protect and fully compensate the MT Parties and their respective service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. (e) No Endorsement of User Content. You acknowledge and agree that does not endorse any User Content of any user and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that does not pre-screen or unilaterally monitor any User Content, but that and its designees will have the right (but not the obligation) in its sole discretion to refuse, edit, move or remove any User Content. 7. Proprietary Rights; Restrictions on Use You acknowledge and agree that the site is the copyrighted property of, and you further acknowledge that the site contains Content, User Content and other content, some of which is owned by and some of which is owned by third-parties (collectively, "Protected Content"). The Protected Content is protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site or the Terms of Use. The site or any portion of the site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of (and the copyright owner if other than You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of and our affiliates without prior written consent. You may not use any meta tags or any other "hidden text" utilizing's name or trademarks without the express written consent of Any unauthorized use terminates the license granted by You agree not to use, transfer, distribute or dispose of any information contained in the site in any manner that could compete with's business. You agree to protect the proprietary rights of and all others having rights in the site during and after the term of these Terms of Use and to comply with all reasonable written requests made by or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the site. You agree to notify in writing promptly upon becoming aware of any unauthorized access or use of by any party or of any claim that infringes upon any copyright, trademark or other contractual statutory or common law rights. Illegal and/or unauthorized uses of, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. Except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements from the site protected by copyright, or other proprietary right without the express written permission of Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at IN FURTHERANCE OF THE ABOVE-NOTED, YOU HEREBY AGREE AS FOLLOWS: YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF CODETOESCAPE.COM, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM CODETOESCAPE.COM AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE CODETOESCAPE.COM SITE OR ITS CONTENT WOULD BE A VIOLATION OF CODETOESCAPE.COM'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF CODETOESCAPE.COM FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF CODETOESCAPE.COM. FURTHERMORE, YOU MAY NOT USE ANY OF CODETOESCAPE.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH CODETOESCAPE.COM'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE CODETOESCAPE.COM OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF CODETOESCAPE.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. 8. Rights Reserved All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to (the "Intellectual Property Rights") shall, as between you and, at all times be and remain the sole and exclusive property of All present and future rights in and title to (including the right to exploit and any portions of over any present or future technology) are reserved to for its exclusive use. 9. Copyrights and Copyright Agents respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide's Copyright Agent the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the site; 4. Your address, telephone number, and email address; 5. 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; 6. 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. 7. Fees and Payments reserves the right at any time to charge fees for access or use of If at any time requires a fee for access or the use of all or portions of, will require you to register and create an account. In no event will you be charged for access or use to all or portions of unless obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale by or through or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of through your account, and the purchase of any other products or services. Certain portions or services of may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive access or services from if a Prepaid Fee is required unless receives, in advance, all fees and charges payable by you, including the Prepaid Fee. 11. Third-Party sites Users may through hypertext or other computer links gain access to other sites on the Internet that are not under's control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by You acknowledge that is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such linked sites, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by 12. Disclaimer Of Warranties; Limitation of Liability A PORTION OF CODETOESCAPE.COM'S CONTENT, INCLUDING USER CONTENT, IS SUPPLIED BY THIRD-PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD-PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF CODETOESCAPE.COM. CODETOESCAPE.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON CODETOESCAPE.COM BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF CODETOESCAPE.COM WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY. YOU AGREE THAT YOUR USE OF THE CODETOESCAPE.COM SITE AND SERVICES ARE AT YOUR SOLE RISK AND ACKNOWLEDGE THAT CODETOESCAPE.COM AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, AND THAT CODETOESCAPE.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. CODETOESCAPE.COM, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT CODETOESCAPE.COM CONTENT, USER CONTENT OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE CODETOESCAPE.COM SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CODETOESCAPE.COM SITE OR SERVICES ARE FREE OF VIRUSES, WORMS OR "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY, FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. Moreover, you agree that, its suppliers and its third-party agents shall specifically have no responsibility or liability for: 1. Any injury or damages, whether caused by the negligence of, its employees, subcontractors, agents, suppliers or otherwise arising in connection with your use of and shall not be liable for any lost profits; punitive, incidental, statutory or consequential damages; or any claim against you by any other party. 2. Any inaccuracy, omission, delay or any other technical problem or failure, whether real or perceived, related to, regardless of the cause, including but not limited to computer equipment failures, ISP failures, router problems, connection issues, or similar problems or issues. is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on which are not maintained or controlled by does not: 1. make any warranty, express or implied, with respect to the use of the links provided on; 2. guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to; or 3. make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to CODETOESCAPE.COM IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES, INTERNET AND EQUIPMENT YOU USE TO ACCESS CODETOESCAPE.COM. YOU UNDERSTAND THAT CODETOESCAPE.COM AND/OR THIRD-PARTY CONTRIBUTORS TO CODETOESCAPE.COM MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS OF USE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE MT PARTIES BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE MT PARTIES HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE CODETOESCAPE.COM OR ANY LINKS OR ITEMS ON CODETOESCAPE.COM SITE OR ANY PROVISION OF THE TERMS OF USE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CODETOESCAPE.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CODETOESCAPE.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR PURSUANT TO STATUTE, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR ACCESS AND/OR USE OF CODETOESCAPE.COM. 13. Indemnification You agree to defend, indemnify and hold harmless and the MT Parties, its co-branders or other partners from any and all liabilities, claims, expenses or demand, including reasonable attorneys' fees, made by any third-party due to or arising: (i) from your use or misuse of or your connection to; (ii) out of User Content you submit, post to or transmit through's site or service, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses. 14. Representations and Warranties You represent, warrant and covenant that: 1. you have the power and authority to enter into this agreement; 2. you are at least thirteen (13) years old; 3. you shall not use any rights granted hereunder for any unlawful purpose; and 4. you shall use's site and service only as set forth in these Term of Use. 5. General Information The Terms of Use and the relationship between you and shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Palm Beach, State of Florida. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD-PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS. The failure of to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance. You accept that has the right to change the content, service or technical specification of any aspect of its site or services at any time in's sole discretion. You further accept that such changes may result in your being unable to access 16. Arbitration is committed to resolving any customer concerns, and we will attempt to directly resolve your complaints. Any complaints that are still unresolved after these direct efforts will be settled by binding arbitration administered by the International Centre for Dispute Resolution in accordance with its applicable commercial rules in Broward County, Florida. Requests for arbitration may be made by either party by written notice to the other party. If, within ten (10) days of issue of the request for arbitration, the parties agree to determination of the matter by a named single arbitrator, it shall be determined by that arbitrator. If, within ten (10) days of issue of a request for arbitration, the parties do not agree on a single arbitrator for determination of a specific dispute, such dispute shall be determined by a panel of three (3) arbitrators, one to be appointed by each party, with those to appoint a third arbitrator to act as chairman of the panel. The costs of the chairman of the arbitration panel, or of a single arbitrator, shall be borne equally by the parties. Each party shall pay the costs of an arbitrator appointed by that party whenever a panel of arbitrators is engaged. Each party shall be responsible for their own attorneys’ fees and related expenses, unless the arbitrator(s) award recovery of such fees and expenses to the prevailing party. 17. Termination You may terminate your account at any time by sending an e-mail to Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges, if any, incurred up to the time that account is terminated. may terminate your account, with or without cause, at any time and effective immediately. Your use of may terminate immediately without notice from if you, in's sole discretion, fail to comply with any provision of the Terms of Use. Upon termination by you or upon notice of termination by, you must immediately cease all use of and destroy all materials obtained from and any copies thereof. 18. Entire Agreement The Terms of Use and any and all other terms and conditions of service on, and its successor(s), represent and constitute the entire agreement between you and regarding your relationship with, supersedes any prior statements or representations and governs your use of the's site and/or service.

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