The Site is offered to and intended for use only by individuals who are 18 years of age or older and reside in the United States or any of its territories or possessions (“United States”). The Site is not intended for users who reside outside the United States. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Changes to the Agreement
We reserve the right to change the Agreement from time to time. If we make any substantial changes, we will notify you by posting a prominent announcement on our home page and by posting the date of the most recent revisions to the Agreement on this page. We urge you to review the Agreement from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Agreement will become effective immediately upon being posted on the Site unless otherwise indicated.
All materials, information, images, products, and other works protectable under the U.S. or foreign copyright law that are available on this Site (“Content”), including the selection, coordination, arrangement, and enhancement of such Content, are protected by national and international copyright laws. FMC and its licensors retain exclusive ownership and/or rights over all content viewed or accessed on the Site.
Unless otherwise indicated, all logos, names, designs, and marks on the Site are trademarks, service marks, or trade dress (collectively, “Trademarks”) owned by FMC or used under license by FMC. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of the Trademarks is strictly prohibited.
We also own any material available on the Site that may be a protectable invention, know-how, patent, or otherwise (“Inventions”), unless we use them under license.
A Limited Right to Use
You may use the Site and the Content only for lawful purposes and only as expressly permitted in this Agreement, and for no other purpose. Except where otherwise noted, you may view, download, and print Content on or from the Site, and you are granted a limited, nonexclusive license for use solely by you for your own personal, noncommercial purposes, and not for sale, license, rent, distribution, conversion into other formats, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Content, in whole or in part.
We welcome your feedback regarding the Content. If you elect to submit content (“Submissions”) to the Site, you grant us and our licensees the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the Submissions in any format or medium, whether now known or to be discovered or developed, anywhere, and for any purpose. You also warrant and represent that you own or otherwise control all of the rights in and to the Submissions and that our public posting and use of your Submissions, in whole or in part, will not infringe or violate the rights of any third party. FMC reserves the right to delete all or part of any Submission, for any reason or for no reason at all, without your consent. FMC shall not be obligated to use any of the Submissions.
You may not modify or create derivative works based on the Content. Any use of the Content in any manner that may express or imply endorsement, sponsorship, affiliation, or association by FMC is strictly prohibited. You may not post on or transmit through the Site any material that: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; or (iv) without FMC’s express prior approval, contains advertising or any solicitation with respect to products or services. You also may not submit or transmit any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights for such submissions or transmissions. Such express permission must include rights allowing for FMC’s subsequent use of the material as provided in this Agreement. The burden of determining that such material is not protected by copyright, trademark, or other proprietary rights, or that the appropriate permissions are in place, rests with you.
Links to Third Party Sites
Unauthorized Use and Termination
Unauthorized uses of this Site include (but are not necessarily limited to) unauthorized commercial use of the Site, and unauthorized linking, deep-linking, or framing the Site in a manner that obscures the source of the Content on the Site or otherwise violates FMC’s rights in the Site and in the Content. Any unauthorized use of the Site may result in criminal prosecution and/or civil liability. FMC reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, and for any reason whatsoever.
Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. THE SITE AND THE CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. NEITHER FMC, NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE, OR ANY LINK TO A THIRD-PARTY SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FMC, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You shall defend, indemnify, and hold FMC and its employees, officers, directors, members, agents, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your use of the Site or the Content, including without limitation, your violation of the Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. FMC makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal or strictly prohibited.
The information and services provided through the Site are protected using industry-standard security precautions. It is up to you to fully understand the risks and threats of using the Internet and to be sufficiently aware of those risks to adequately protect your confidential information.
Choice of Law and Remedies
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Site shall be only in the state or federal courts located in St. Joseph County, Indiana, and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and the FMC with respect to this Agreement or the Site, FMC will be entitled to recover its costs and expenses (including attorneys’ fees), in addition to any other remedy available at law, in equity or otherwise, if FMC is successful in the prosecution or defense of such claim or action.
This Agreement constitutes the entire agreement between you and FMC with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site, whether oral or written. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in this Agreement are for convenience only and shall not be given any legal import.
Digital Millennium Copyright Act Notice and Takedown
If you believe that any materials on the Site infringe your copyright and wish to submit a notice and takedown request to us, please send it to the contact information shown below, and include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that the use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the above information, FMC will respond expeditiously to remove or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.
We welcome your comments, questions, or concerns. You may contact us at firstname.lastname@example.org or mail or fax your comments or requests to:
Family Movie Classics, 61300 Ironwood Road, South Bend, IN 46614. 574.291.8200