Box Office Mojo Terms of Use

TERMS OF USE

Your use of our site constitutes your affirmation that you agree to abide by the following terms and conditions ("Terms of Use"). The Terms of Use is a binding contract between you and Box Office Mojo, LLC ("we", "us", or "our") regarding your use of boxofficemojo.com (this "Site"). If you do not agree with any of these terms, please exit this Site.

1. USER ACCOUNT ACCESS

As part of your use of this Site, you may elect to sign up for a user account ("User Account"). You agree that you are the only individual who will access this Site using your User Account, and that you will not permit others to use your User Account to access this Site (other users must create their own accounts). When you register for your User Account or provide information to us in any other manner, you agree to provide only true, accurate, current and complete information. Using a name other than your own legal name is prohibited unless it is otherwise specified as being appropriate (i.e., screen name). You agree that we may use the information you provide to us in accordance with our privacy statement (see "Privacy Statement").

If you sign up for a user account, you agree to accept responsibility for all activities that occur under your User Account, and agree that you will not sell, transfer or assign your User Account or any user account rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access this Site using your User Account. We reserve the right to terminate your User Account and deny access to this Site to any person who violates the Terms of Use.

2. FREE AND PAY SERVICES

We offer free and paid subscription accounts, as well as the ability to browse our Site without creating an account. We reserve the right to restrict or close your account and the use of this Site at any time for any reason. You agree that, at our request, you will discontinue the use of this Site. Paid subscriptions will be refunded according to our refund policy (see "Refunds").

3. COMMUNICATION WITH BOX OFFICE MOJO

All communications with Box Office Mojo should be e-mailed to mail@boxofficemojo.com or faxed to 818-450-0221. We will make our best effort to read and respond to your e-mail or fax within two business days. If any request for cancellation of paid services is not processed in due time resulting in the inadvertent charge of an additional subscription fee, we will refund these charges in full.

4. REFUNDS

If for any reason you are not satisfied with your paid subscription, you may cancel it within three days from the date of signup for a full refund. After three days all paid subscription fees are non-refundable. If we initiate the closing of your account, any subscription fees will be refunded on a pro-rated basis, based on the actual amount of days you were subscribed to this Site, unless your account is closed because you violated the Terms of Use (see "Violation of Terms").

5. VIOLATION OF TERMS

You agree that if you violate the Terms of Use that your user account may be cancelled and you forfeit any refund on the remainder of your subscription.

6. MONTH-TO-MONTH PAID SUBSCRIPTIONS

If you sign up for a monthly subscription plan, your subscription will continue and renew automatically and billed to your credit card until we initiate or you request that we discontinue the renewal of your subscription (send your request to mail@boxofficemojo.com). Renewals will be billed to the credit card you used when you first signed up for service unless you request to cancel your service or change your billing options.

If, during the term of your month-to-month subscription you elect to purchase a longer-term subscription then your account will cease to automatically renew and you must initiate the renewal of your account (see "Longer-Term Subscriptions"). When you purchase a longer-term subscription while currently subscribed to a month-to-month subscription, that subscription term will begin at the end of your current month-to-month term.

7. LONGER-TERM SUBSCRIPTIONS

We may offer longer-term subscription plans at a discounted price. If you sign up for a longer-term subscription plan (e.g., 1 year), your subscription will not automatically renew and you must purchase another longer-term subscription or go on a month-to-month subscription to continue the use of your paid account. It is your responsibility to renew your account, if you so desire.

8. CONNECTING TO BOX OFFICE MOJO's WEB SITE

You understand that you are solely responsible for any fees or charges incurred to access this Site through an Internet service provider.

9. PRIVACY STATEMENT

You agree that you have read our privacy statement and agree to its terms (http://www.boxofficemojo.com/about/privacy.htm).

10. COPYRIGHT; TRADEMARK LIMITATIONS ON USE

All of the information, content, services and software displayed on, transmitted through, or used in connection with this Site, including but not limited to directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, as well as its selection and arrangement, logotypes, trademarks and service marks (collectively, the "Content") is owned by us, our licensors or suppliers. You may not use the Content except as provided in these Terms of Use.

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in the Content. No other use is permitted. Specifically, you shall not republish or rebroadcast the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache; You shall not distribute any of the Content to others, whether or not for payment or other consideration; and/or You shall not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without our written consent.

Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to us as specified in paragraph 3 above.

11. LINKS, FRAMING, PROHIBITED USES

If you operate a web site and wish to link to this Site, you may do so to any page that can be viewed without requiring a paid subscription to view. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of this Site without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through this Site, not to insert any code or product or manipulate the Content in any way that affects the user's experience, and not to use any data mining, robots, trojan horse, or any data gathering or extraction method in connection with your use of this Site.

12. ACCURACY AND AVAILABILITY OF INFORMATION

We have created a database of movie and box office information as well as other content and, while we make our reasonable and best efforts to ensure the accuracy of the information, we give no warranty or guarantee as to its accuracy.

Our interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their information. We do not have the ability to monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, we advise you to use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. We reserve the right to delete, move or edit any communications at any time, for any reason or in our discretion, but have no obligation to review or remove any such content.

Interactive areas are intended to encourage discussion about motion pictures, box office information, and related topics. You understand that you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on this Site at any time for any reason. Decisions as to whether content violates the law or the spirit of this Site will be made by us in our discretion after we have actual notice of such posting. Without setting forth an exhausted list of inappropriate content, our Site is not intended to contain material or language that: 1) is vulgar, profane, abusive, contains epithets or slurs, text or illustrations in poor taste, inflammatory attacks; language that is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any person or entity, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; 2) violates any of our rights or the rights of any third party; 3) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; 4) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; 5) unfairly interferes with any third party's uninterrupted use and enjoyment of this Site; 6) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; 7) uploads copyrighted or other proprietary material of any kind on this Site without the express permission of the owner of that material; 8) uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of Use; 9) includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; 10) uploads or transmits viruses or other harmful, disruptive or destructive files; 11) disrupts, interferes with, or otherwise harms or violates the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites; 12) "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

13. REPRESENTATION AND WARRANTIES

You represent and warrant to us that you possess the legal right and ability to enter into this agreement and that all information submitted by you to this Site is true and accurate. You also agree that you will not use this Site for any purpose that is unlawful or prohibited by this agreement.

14. DISCLAIMER OF WARRANTIES

While we use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on this Site may be provided and/or hosted by third parties. We have not reviewed all of the sites linked to this Site and are not responsible for the content of any off-site pages or links to or from any other sites. While we encourage such third parties to abide by these Terms of Use, we have no responsibility for actions of third parties.

You expressly understand and agree that use of this Site is at your own risk. All content available through this Site is provided on an "as is" and "as available" basis. Neither we, nor any of our affiliated or related companies, or any of our/its employees, agents, content providers or licensors, makes any representation or warranty of any kind regarding this Site, the Content, any advertising material, or the results that may be obtained from use of such services or sites. We make no warranty that this Site will meet your requirements, be uninterrupted, timely, secure or error free, or that this Site or the server that makes it available are free of viruses or other harmful components or destructive files.

This Site contains facts, views, opinions, statements and recommendations of third party individuals and organizations. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through this Site. You acknowledge that any reliance upon any such opinion, advice, statement or information is at your sole risk.

WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE.

15. LIMITATION OF DAMAGES

IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE OF YOUR CURRENT SUBSCRIPTION PRECEDING THE EVENT GIVING RISE TO ANY CLAIM.

16. INDEMNITY

You agree to indemnify, defend and hold harmless Box Office Mojo, LLC and each of its respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (a) your use of this Site; (b) our use of any content or information you provide, as long as our use is not inconsistent with this agreement; (c) information or material posted or transmitted through your User Account, even if not posted by you; and, (d) any violation of this agreement by you.

This Site is controlled, operated and administered by us from our offices within the United States. We make no representation that the Content is appropriate or available for use outside the United States and access to it from territories where it is illegal is prohibited. You may not use this Site or export the Content in violation of U.S. export laws and regulations. If you access this Site from a location outside the United States, you assume sole responsibility for compliance with all local laws.

17. BOX OFFICE MOJO

Box Office Mojo, LLC is owned by Brandon Gray and Sean Saulsbury. No other persons are authorized to act on behalf of this Site (such as entering into any agreements) without the express written permission of the owners.

18. UNSOLICITED IDEA SUBMISSION POLICY

We do not accept unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products, services, or technologies, processes, materials, marketing plans or any other new information. The sole purpose of this policy is to avoid potential misunderstandings or disputes if our business affairs ever seem similar to ideas submitted by a third party since often unsolicited ideas are exact or derivative versions of existing ideas that we have already developed or considered independently. If you choose to send a submission despite our policy, you are doing so with the understanding that we have no obligation to hold in confidence any material or information that you submit and we are not making any promises or guarantees of any kind by your actions.

19. AMENDMENTS

We reserve the right to change these Terms of Use at any time in our discretion and to notify users of any such changes solely by changing this Terms of Use. It is your responsibility to periodically check the Terms of Use for updates and amendments. Your continued use of this Site after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Please note that your use of this Site prior to the time this Terms of Use was posted will be governed according to the Terms of Use that applied at the time of your use.

We may modify, suspend, discontinue or restrict the use of any portion of this Site, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason.

20. GENERAL PROVISIONS

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to any conflicts of law provisions. You hereby agree that any cause of action you may have with respect to us must be filed in a federal or state court located in Los Angeles, California, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the agreement shall continue in full force and effect. Any failure by us to enforce or exercise any provision of this agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of the Content, and all other provisions for which survival is equitable or appropriate.

RELATED LINK

Box Office Mojo Privacy Statement