CinemaVision

Summary You are free to: Share — copy and redistribute the material in any medium or format for any purpose, even commercially, if you have a standing written agreement with CinemaVision. Under the following terms: Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. NoDerivatives — If you remix, transform, or build upon the material, you may not distribute the modified material. The licensor cannot revoke these freedoms as long as you follow the license terms. The license is subject to change, and changes will be applied retroactively to previously obtained content. Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NoDerivatives 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions. Section 1 – Definitions. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license. Licensor means the individual(s) or entity(ies) granting rights under this Public License. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning. Section 2 – Scope. License grant. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to: reproduce and Share the Licensed Material, in whole or in part; and produce and reproduce, but not Share, Adapted Material. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions. Term. The term of this Public License is specified in Section 6(a). Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material. Downstream recipients. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i). Other rights. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. Patent and trademark rights are not licensed under this Public License. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties. Section 3 – License Conditions. Your exercise of the Licensed Rights is expressly made subject to the following conditions. Attribution. If You Share the Licensed Material, You must: retain the following if it is supplied by the Licensor with the Licensed Material: identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated); a copyright notice; a notice that refers to this Public License; a notice that refers to the disclaimer of warranties; a URI or hyperlink to the Licensed Material to the extent reasonably practicable; indicate if You modified the Licensed Material and retain an indication of any previous modifications; and indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable. For the avoidance of doubt, You do not have permission under this Public License to Share Adapted Material. Section 4 – Sui Generis Database Rights. Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material: for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database, provided You do not Share Adapted Material; if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database. For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights. Section 5 – Disclaimer of Warranties and Limitation of Liability. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability. Section 6 – Term and Termination. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates: automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or upon express reinstatement by the Licensor. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License. Sections 1, 5, 6, 7, and 8 survive termination of this Public License. Section 7 – Other Terms and Conditions. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License. Section 8 – Interpretation. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

Summary You are free to: Share — copy and redistribute the material in any medium or format. Adapt — remix, transform, and build upon the material. Under the following terms: Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. NonCommercial — You may not use the material for commercial purposes. ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. The licensor cannot revoke these freedoms as long as you follow the license terms. The license is subject to change, and changes will be applied retroactively to previously obtained content. Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions. Section 1 – Definitions. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License. BY-NC-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public License. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material. License Elements means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution, NonCommercial, and ShareAlike. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license. Licensor means the individual(s) or entity(ies) granting rights under this Public License. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning. Section 2 – Scope. License grant. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to: reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and produce, reproduce, and Share Adapted Material for NonCommercial purposes only. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions. Term. The term of this Public License is specified in Section 6(a). Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material. Downstream recipients. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i). Other rights. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. Patent and trademark rights are not licensed under this Public License. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes. Section 3 – License Conditions. Your exercise of the Licensed Rights is expressly made subject to the following conditions. Attribution. If You Share the Licensed Material (including in modified form), You must: retain the following if it is supplied by the Licensor with the Licensed Material: identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated); a copyright notice; a notice that refers to this Public License; a notice that refers to the disclaimer of warranties; a URI or hyperlink to the Licensed Material to the extent reasonably practicable; indicate if You modified the Licensed Material and retain an indication of any previous modifications; and indicate if You modified the Licensed Material and retain an indication of any previous modifications; and indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable. ShareAlike. In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-NC-SA Compatible License. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply. Section 4 – Sui Generis Database Rights. Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material: for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only; if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database. For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights. Section 5 – Disclaimer of Warranties and Limitation of Liability. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability. Section 6 – Term and Termination. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates: automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or upon express reinstatement by the Licensor. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License. Sections 1, 5, 6, 7, and 8 survive termination of this Public License. Section 7 – Other Terms and Conditions. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License. Section 8 – Interpretation. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

This is the agreement ("Agreement") between you as either an individual member or as the legal authorized representative of a group of members ("Members") and CinemaVision Inc., ("CinemaVision") concerning the uploading of the Users audio, visual, audiovisual and other materials (the "Member Content" defined below) to the CinemaVision.tv website, and any other CinemaVision applications or any successor(s) websites and/or websites to which the contents in whole or in part of CinemaVision.tv are assigned (together the "CinemaVision Site(s)") and concerning CinemaVision's use of Member Content on the CinemaVision Site(s). If Member is agreeing on behalf of a group member or a group of members then each reference to "Members" in this Agreement refers to each member of the group or the group as a whole, as the case may be. Member and CinemaVision acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Member Content and any former submissions of Member Content: 1. Terms The term ("Term") of this Agreement starts on the date that the Member Content are initially uploaded to any CinemaVision Site(s) and continues until CinemaVision terminates this Agreement, with or without cause or by the removal of Member Content for the purpose of termination all subject to the survival of certain undertakings in this agreement set out in paragraph 15 (f), below: To the extent this Agreement is terminated by Member, the rights granted in this Agreement will terminate only after Member has removed all of his or her Member Content from the CinemaVision Site(s) excluding that Member Content which cannot be removed by Member (e.g. comments and reviews posted to CinemaVision), and CinemaVision has received notice of the removal. If this Agreement is terminated by CinemaVision, this Agreement will terminate when CinemaVision removes Member Content from the CinemaVision website excluding comments posted to CinemaVision by Member. If the Agreement is terminated in these ways, the parties agree to cooperate in providing an orderly termination of the relationship. Member can selectively terminate this agreement with respect to any individual work posted by Member to CinemaVision by requesting the removal of the posted work from CinemaVision and this selective termination with respect to an individual work will become effective when CinemaVision receives notice of the removal. CinemaVision provides a removal function with respect to individual works posted by Member and the proper use of this function shall serve as notice of removal. If the Agreement is terminated with respect to an individual work in this way, the parties agree to cooperate in providing an orderly withdrawal of the work to the extent it has been licensed to third parties under this agreement. 2. Ownership Member at all times retains all right, title and interest in and to the Member Content provided by Member hereunder (including, without limitation, the copyrights in and to the Member Content), subject to the non-exclusive rights in the licenses granted to CinemaVision under this Agreement. Member is free to grant similar rights to others during and after the Term of this Agreement. 3. License To Use Member Content As and when Member Content are uploaded to the CinemaVision Site(s), Member grants to CinemaVision a worldwide, royalty-free, non-exclusive license to do the following things during the Term: to prepare and encode Member Content or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented; to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Member Content, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented; to modify, adapt, change or otherwise alter the Member Content (e.g., change the size, quality, format, metadata) and use the Member Content as described in Section 3(b); and the right to sublicense to any other person or company any of the licensed rights in the Member Content, or any part of them, subject to the terms and conditions of this Agreement. Member acknowledges that Member will not have any right, title, or interest in any other materials with which Member Content may be combined or into which all or any portion of Member Content may be incorporated. During the Term, CinemaVision's licenses under this Agreement include the right to use any part of the Member Content in the promotion, advertising or marketing of the CinemaVision Sites. As used in this Agreement, the term "Member Content" means any content uploaded to the CinemaVision Site(s) which may include without limitation Member's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Member submits to CinemaVision in any medium or format whatsoever. 4. Name and Likeness Member also grants to CinemaVision: a worldwide, royalty-free, non-exclusive license to use User's name(s), group name, photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Member Content, and the CinemaVision Site(s)as described hereunder, during the Term; Member also agrees not to assert against CinemaVision any privacy, publicity, moral or similar rights held by Member and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Member Content. Member also agrees that any persons other than Member appearing recognizably or otherwise in Member Content will not assert of any privacy, publicity, moral or similar rights) under the laws of the United States and any other country in connection with the exploitation of the materials as described in this Agreement; and, To the extent that the Member Content contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Member hereby grants to CinemaVision a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Member Content, as described in this Agreement, during the Term. 5. Limitation of Rights The rights and licenses granted to CinemaVision under sections 3 and 4 of this Agreement require CinemaVision to obtain Member consent before CinemaVision makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Member Content not in association with CinemaVision but as an individual work of art or as a group of works from a single Member in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Member Content either as part of the CinemaVision Site(s) or in connection with the distribution of content groups from the CinemaVision Site(s) and/or for uses of the Member Content made at the discretion of a visitor to the CinemaVision Site(s) or other members under agreements with CinemaVision. CinemaVision will contact Member in writing about any individual commercial uses of Member Content instigated by CinemaVision. 6. Payment Unless otherwise agreed between Member and CinemaVision in a writing from CinemaVision, the license granted to CinemaVision under this Agreement is royalty-free. 7. Representations and Warranties Member has the full right and power to enter into and perform this Agreement and to grant CinemaVision all rights to use the Member Content as contemplated in this Agreement, including, without limitation, the license grants in Sections 3, 4 and 5, Member has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Member to enter into and perform this Agreement and to grant CinemaVision the rights to use the Member Content set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Member Content), the Member Content (and CinemaVision's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, all information that User has provided or will provide to CinemaVision is true and complete, the Member Content do not and will not violate any law, statute, ordinance or regulation, the Member Content do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws, the Member Content do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of CinemaVision or any third party, and if Member or any member of Member's group is a minor, Member hereby warrants that Member has the legal right to execute this Agreement on behalf of the minor member and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement. 8. Third Party Payments Member is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Member Content. 9. Indemnity Member agrees to defend, indemnify, reimburse and hold CinemaVision and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to: Member's use of the CinemaVision Site(s); any breach or alleged breach of Member's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and Member's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Member Content as provided in this Agreement. 10. CinemaVision's Performance Member acknowledges and agrees that the operation of the CinemaVision Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and CinemaVision will not be responsible to Member or others for any interruptions, errors or problems or even for an outright discontinuance of the CinemaVision service. There are no assurances whatsoever that any of the Member Content or any part or element of Member Content will actually be used on the CinemaVision Site or if used will continue to be available for any particular time. CinemaVision has the right, in CinemaVision's sole and absolute discretion, to remove from the CinemaVision Site(s) at any time the Member Content or any part of them and/or to revoke any sublicense granted by CinemaVision to any affiliate or unaffiliated third party. Notwithstanding the foregoing, CinemaVision does not control the content of the Member Content and does not have any obligation to monitor the content of the Member Content for any purpose or reason. Member acknowledges that Member is solely responsible for all content submitted to the CinemaVision Site(s) by Member. The CinemaVision Site may be discontinued at any time, with or without reason and all Member Content uploaded to CinemaVision may be removed and unavailable for recovery by any means. Member and only Member is responsible for maintaining at Member's expense and in facilities owned or controlled only by Member any and all original materials or so-called back-up copies of all or any part of the Member Content. 11. No Warranty TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CINEMAVISION DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE CINEMAVISION SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE CINEMAVISION SITE AND ANY SERVICES PROVIDED BY CINEMAVISION HEREUNDER. IN ADDITION, ALTHOUGH CINEMAVISION INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE CINEMAVISION SITE(S), AND WHETHER OR NOT CINEMAVISION IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, CINEMAVISION DOES NOT WARRANT THAT THE CINEMAVISION SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE CINEMAVISION SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. 12. No Liability for Third Party Use CINEMAVISION DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE MEMBER CONTENT MADE AVAILABLE ON THE CINEMAVISION WEBSITE BY THE MEMBER PURSUANT TO THE TERMS OF THIS AGREEMENT. MEMBER SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF MEMBER CONTENT BY A THIRD-PARTY, AND NOT FROM CINEMAVISION. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS MEMBER CONTENT FROM CINEMAVISION (WHETHER OR NOT WITH CINEMAVISION'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT MEMBER WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM CINEMAVISION, AND THAT MEMBER WILL NOT HOLD CINEMAVISION RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE. 13. Exclusion of Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL CINEMAVISION, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT DEVIANT ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE CINEMAVISION SITE(S). IN NO EVENT SHALL CINEMAVISION'S TOTAL LIABILITY TO MEMBER UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $5. THE PARTIES ACKNOWLEDGE AND AGREE THAT CINEMAVISION HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN MEMBER AND CINEMAVISION, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. 14. Copyright and Trademark Notices CinemaVision, the CinemaVision logos and mascots, and the layout and design of the CinemaVision Site(s), among other marks that may appear on the CinemaVision Site(s) are trademarks of CinemaVision Inc., (the "CinemaVision Marks"). Other trademarks and service marks on the CinemaVision Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Member may not use any of the CinemaVision Marks without CinemaVision's prior written permission, and Member may not use any third-party marks without the third party's prior written permission. 15. Miscellaneous Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN DALLAS, TEXAS, AND MEMBER AND CINEMAVISION BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. Assignment. CinemaVision shall have the right to assign this Agreement in whole or in part to any person or business entity. Member may not assign Member's rights or delegate Member's obligations under this Agreement without the prior written consent of CinemaVision. Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to CinemaVision Inc., Communications shall be deemed received: for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt or refusal as indicated on the return receipt; for Communications sent by personal delivery, on the date of personal delivery; and for Communications sent by electronic mail, upon transmission subject to read receipt. No other form of notice shall be accepted under this Agreement, other than the electronic notification for individual works under the circumstances specifically described in 1(b). Entire Agreement. This Agreement sets forth the entire understanding and agreement of Member and CinemaVision as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. Modification. CinemaVision reserves the right to amend the terms of this Agreement from time to time in its sole discretion. CinemaVision will notify Member of any material changes to this Agreement by sending an email to the address listed in Member's account. If Member continues to upload Member Content after being notified of the changes to the Agreement, Member will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Member Content. If Member does not accept the new terms of the Agreement, Member's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement. Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement. In addition, any sublicenses granted to third parties for the display of Member Content on electronic or other devices pursuant to Section 3 shall survive any termination of this Agreement for such reasonable time as may be necessary to withdraw Member Content from the particular license; any use of Member Content pursuant to Section 3 with respect to the making of so-called backup copies or caching of CinemaVision Sites or any equivalent activity or function for general site maintenance and protection shall survive any termination of this Agreement; and, Member Content consisting of comments posted to CinemaVision will remain as part of the CinemaVision database and available to all users of CinemaVision Sites following termination of this Agreement.

Introduction CinemaVision is an expansive, worldwide community of members of every age, and every nationality who create works spanning every medium, every subject and every level of talent and skill. As the guiding force of this large and vibrant community we have two primary and often conflicting goals in the service we provide for you, the members of the community; the first being to ensure that members are free to express themselves within reason with as few restrictions as possible while nurturing an environment of creativity, learning, and talent and the second is to protect the members of the community, to the best of our abilities, from infringement of copyright, discrimination, harassment, and prejudice. All members of the CinemaVision community are expected to be familiar with these rules of etiquette and they will be enforced evenly and without bias in every situation which is brought to the attention of the administration regardless of the membership status of the user in question. Guidelines for Members Quality and Placement It is our policy to welcome content creators of all levels from amateur to professional and to that end we do not attach any minimum standards of quality to content submitted by our membership; all manner of artworks are welcome providing they meet with our etiquette and copyright policies. While we do not impose quality standards we do ask that you practice self-moderation in what you choose to submit and that you submit your works into the most appropriate gallery. While we encourage the submission of only your very best works we have provided an area for those submissions which may fall short of that 'top quality' mark; this is your "Scrapbook" gallery and we highly encourage its use. Our community volunteers may elect to move your content from the Community Submissions categories into a different, more appropriate, section; we ask that you accept this decision gracefully and with a mature attitude. If you desire a full explanation for this action, or if you feel the administrative action was performed in error, you should submit an inquiry to Support and include a link to the relevant content. Please do not bring these issues into the Forums, userpages, or other areas of CinemaVision. Prohibited Commentary Prohibited commentary is typically considered to be inherently disrespectful, aggressive, or otherwise abusive. We must insist that you refrain from comments which are racist, bigoted, or which otherwise offensively target a philosophy or religion. In addition we ask that our members avoid making offensive remarks based on gender or sexual preference and that you do not make any remark, comment or critique which is intended to be a direct insult to an individual, group, or genre of artwork. Hate propaganda is met with zero tolerance. Comments which are overly aggressive, personally insulting or needlessly abusive are also prohibited. If you feel that you have been the target of harassment, personal insults or other severe behavior please notify the staff by submitting a Support Request. Please be aware that the staff will only directly intervene in cases which are considered severe; minor situations may be dealt with using tools made available to all registered members. Discouraged Commentary Discouraged commentary is typically considered to have the potential to escalate into an aggressive or abusive situation. While not strictly prohibited we must insist that all personal arguments, disagreements, and other volatile "personal" issues within be confined to private communications such as Notes, emails, or Instant Messaging programs. Likewise we discourage public accusations and other similar situations; please bring all issues of this nature to the attention of the staff by submitting a Support Request. Exploitive Commentary Exploitive commentary is typically considered to be disruptive due to unusual or unique factors. Do not 'spam' (send large numbers of identical notes or comments). Spamming is obnoxious and is typically used for self-promotion, or other unwanted advertising. Do not 'flood' (place large numbers of comments rapidly on a single page or craft a single comment which consumes a large amount of page space) the forums, notes system, userpages or other areas of the site. Flooding usually disrupts page loading times and serves no useful purpose. Respect Your Fellow Members As a vibrant and growing community, CinemaVision welcomes all kinds of original artworks; but we must insist that the content which you submit be your own original works. Your content must be your own original creations and you may only use resources which are considered legitimate and legal. Submissions which make use of works without proper permission or licensing by the original author will be removed as they come to the attention of the staff. This policy applies to all CinemaVision submissions, and the preview images used for submissions. Mature Content When we discuss mature content we are specifically referring to content which contains images, subject matter, or other themes which some viewers may find offensive, distasteful, or otherwise undesirable to view or to read. The most common 'undesired' viewing material may include, but is not limited to, images containing artistic nudity (see details below), large amounts of simulated blood and gore, or generally violent themes. CinemaVision strictly prohibits the submission of materials classified as pornographic or obscene. There is no exception to this prohibition. Certain content may be deemed obscene by the administration and as such the staff reserves the right to remove such content immediately upon discovery. The administration reserves the sole right to review and classify questionable material as obscene or not obscene. Forum Posting In addition to the outlines in the above section entitled Prohibited Commentary and Exploitive Commentary we have a few additional policies regarding comments and posts within the Forum areas of CinemaVision; All threads started within a specific forum and all comments within those threads should be relevant to the forums Title. This means that, for example, all threads within the Movies forum must relate to a motion picture and the comments within those threads should also remain on the appropriate topic. We encourage interactivity and we allow comments to be either positive or negative in nature providing that they remain constructive and promote a worthwhile dialogue. We insist that forum threads adhere to the same standard set forth for content in terms of what is considered acceptable subject matter (i.e. no racist threads, no sexual discussions, etc). It is important to remember to be as clear in your intent as possible while communicating on the internet. Text communications do not afford a clear representation of sarcasm. Please use common sense when posting to avoid confusion. Threads which are misplaced, which contain inappropriate subject matter (such as sexual discussions), or which contain an undesirable number of insults or other violations of this etiquette policy will be locked and closed to further commentary. Avatars This section applies only to avatars which you personally use for your account; avatars submitted into a CinemaVision profile must still conform to all official policies without exception but are not subjected to the restrictions below. Avatars used to represent your account on site are granted more leniency than standard site submissions. You may freely use material and resources with only the restrictions outlined as follows; Your avatar should not contain nudity of any sort. You may not use avatars specifically created by other users without their explicit permission. If your avatar contains a portion of a work made by another member it will be removed by staff at the request of the original content creator. In all other respects your avatar must conform to the guidelines set above in regards to hate propaganda. Exploits, Vulnerabilities, and Site Abuse The CinemaVision staff will not tolerate attempts to exploit or disrupt the layout, navigability, or general use of the site. Such actions disrupt the ability of the community to access and review artwork and are considered Site Abuse. We will issue no warnings for violations of this nature. Violators will be banned immediately upon the discovery of the disruption or abuse. Groups All of the rules and guidelines of this Etiquette Policy apply to activities within a Group or in the management and administration of a Group. All of the policies with respect to content and commentary apply within Groups and any member or watcher of a Group should feel comfortable reporting any activity to which they object on the basis of this Etiquette Policy or otherwise. We are not responsible for the conduct of Group participants or administrators. However, the Group applications permit us to take appropriate action should intervention become necessary as a result of a violation of the Terms of Service in general or of any other of our policies. Keep in mind that Group administrators may determine their own rules and privileges for members who participate in the Group and as a general rule we will not become involved in any disputes between Group members, between Group administrators or between one or another Group unless there is a clear violation of our own policies, rules and terms. We suggest you use good judgment and decency in all of your Group interactions as well as exercising the same cautions you would use in any Internet exchanges with individuals who you may not know. Changes in Etiquette Policy As new situations come to our attention we may find it necessary to alter or expand upon the policies stated here with little or no notification and any such changes may be enforced in full against previously existing submissions or behavior. Appeals and Inquiries Appeals, inquiries, or questions concerning content removals, violation notices, account suspensions, or other administrative actions should be submitted in a Support Request, where they will be forwarded to the appropriate department for review. Please refrain from using the CinemaVision Forums, the CinemaVision Messaging system or personal email to staff members for these concerns. You are unlikely to receive a proper response and will be redirected to use a Support Request. Petitions and other forms of public outcry are discouraged and will have no affect on Managerial Reviews of staff actions and may in fact be detrimental to the case in question.

Copyright and Your CinemaVision Submission Here at CinemaVision we respect the rights of all artists and creative people worldwide and we expect our members to also demonstrate that respect and assist us in creating a beneficial and positive atmosphere for all CinemaVision visitors and members. The bottom line is: Just about anything that is on this site, on the web, on TV, on CD's, on DVD's, in books & in magazines is probably copyrighted by someone. Copyright can be a confusing territory for many people. In many cases the natural confusion over the sometimes varied circumstances surrounding copyright will lead people to rely on rumor or myth more often than the actual law which naturally confuses the matter even more. In this document we will attempt to eliminate some of the confusion and counter many of the myths surrounding copyright and to present clearly the CinemaVision policies and practices with regard to copyright. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of a qualified attorney. How do I get Copyright? Under most national laws and international copyright treaties you receive a copyright automatically in any original work as you make it. Registration may be required to exercise some rights, like commencing a lawsuit. Copyright does NOT protect ideas. Copyright protects the expression of ideas or the ways in which an idea is materially placed or expressed in the work. What is Copyright Infringement? To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission. Some examples of copyright infringement (this is only a partial listing) can include: Placing someone else's photograph or creative work online without proper permission. Using a creative work commercially without permission. Adapting someone else's creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting. Modifying or editing a creative work without proper permission. How Can I Avoid Infringing on Someone's Copyright? The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original work. When we use the word 'original' we don't mean that you must come up with an idea which hasn't been used before - recall that copyright does not protect ideas. When used in reference to copyright "original" means that you created your work without referencing or deliberately copying anyone else's work during the process. Ensure that all parts of your work, both visual and audio, are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online. You can also obtain permission to use a copyrighted work by license. You can read more here and here. What Sort of Things are Copyrighted? The easy answer to this question is that just about any creative work that is less than 150 years old you might find should be considered copyrighted by default. A work is not required to have a copyright statement printed on it or near it in order to be considered copyrighted so do not assume that the work is unprotected simply because you cannot see a notice written anywhere. Also do not confuse the fact that a work is publicly available with the idea that it is in the public domain or free for use. Being easy to find on the internet does not affect a work's copyrighted status. There are many exceptions to the 150 year guideline, but you are best advised to obtain legal advice from an expert if you intend to rely on the possibility that a modern work is not copyrighted. Some Cautions In most cases it does not matter how much of the material you have used, whether it's a single frame, a few moments of audio, a short clip of video or any other sampling it's still considered to be protected by copyright and you still require the owner's permission for use. It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission. It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission. It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission. It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission. It doesn't matter if you've edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission. Read licenses carefully to understand the type of permission they provide. For example, there are many versions of the Creative Commons - each giving different permissions. What Happens When You Submit Infringing Works to CinemaVision? Any copyright owner following the procedures in this Copyright Policy can require CinemaVision to remove his or her copyrighted content in use by a member of CinemaVision. When through the proper notice we become aware that a submission to CinemaVision infringes upon the copyrights of another artist, creative person or company, we will immediately remove it. This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'. If you believe that a submission on CinemaVision infringes on your copyright you may either report the submission using our internal reporting system or send us a copyright notice via our contact form at http://cinemavision.tv/contact/. A member of our staff will review your notice and act accordingly. If you believe that one of your submissions was removed in error you may submit a Support Request or otherwise file a counter notice. If you are found to repeatedly post infringing content, your account will be suspended and serious offenders will have their account banned and deactivated. We consider three strikes as an indication of being a repeat infringer subject to ban. If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated. The copyright owner may also decide to sue you directly if you infringe his or her copyright in posting content to CinemaVision. What about "Fair Use" "Fair Use" is the notion that some public and private uses of copyrighted works should not require the permission of a copyright owner. These circumstances are very limited, complex to analyze under the law and require the help of expert advice from a lawyer. We recommend you talk to your own lawyer if you want to know more about fair use as it applies to the work you are doing. If it turns out that it isn't fair use, you may be liable for very serious money damages. To learn more about fair use you can go here, here, here, and here. If you take my work down am I protected from a lawsuit? No. Even if CinemaVision takes an infringing work down, you may still be responsible for very significant damages if the copyright owner decides to sue you. Notification of Copyright Infringement Instructions for Copyright Owners This section contains the formal requirements of the Copyright Act with respect to the rights of copyright owners whose content appears on CinemaVision without authorization and instruction to copyright owners. To file a copyright infringement notification with CinemaVision (also commonly known as a "DMCA takedown notice"), the copyright owner or an authorized agent acting on his or her behalf will need to send a written communication that includes substantially the following: A physical or electronic signature of the copyright owner or 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 copyrighted 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 the service provider to locate the material. In this regard please provide URLs when you identify the location of the material. Information reasonably sufficient to permit the service provider 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 use of the material in the manner 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. To file a DMCA takedown notice, you may use our contact form at http://cinemavision.tv/contact/. Otherwise you may use the following method: Written notice should be attached to an email to CinemaVision's designated agent as follows: Email: webmaster@cinemavision.tv Subject: DMCA Complaint Under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Consult your legal counsel or see Section 512(c)(3) of 17 U.S.C. to clarify or confirm the requirements of the notice. Counter-Notification If you want to send CinemaVision a counter notice, please review this information for instructions. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consult the Terms of Service and CinemaVision's Etiquette Policy in which we explain that you may be removed from the site if you are a repeat infringer or if you violate CinemaVision's policies.

CinemaVision respects your privacy. This Privacy Policy applies to our web sites, including www.cinemavision.tv, and our CinemaVision add-ons, plugins, and mobile applications (collectively, the “CinemaVision Sites” or “Sites”). This Privacy Policy explains what information we collect through the Sites, how we use that information, and what choices you have. The Sites and our services available via the Sites are collectively called the “Services.” Please take a few moments to read this Privacy Policy. By accessing the CinemaVision Sites, you acknowledge that this Privacy Policy applies to only the Services. What we collect and how we use the information we collect Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account (as defined below) if you are an Account holder), and to enable you to enjoy and easily navigate our Services. Personally Identifiable Information. If you create an CinemaVision account via the CinemaVision Sites or through third party sites (an “Account”), we collect certain information that can be used to identify you, such as your name, age/birthdate, postal address, telephone number, e-mail address, credit card information, bank account details, social security number, or other information that can be used to contact you or identify you as an individual (collectively, “PII”). If you create your Account using your login credentials from a third party site or service, we'll be able to access and collect your name and email address and other PII that your privacy settings on that third party site or service permits us to access but we don't receive or store passwords for those third party sites and services. We cannot delete or change any PII that is stored on third party sites and services. We collect and use your PII when you register for special services, sign up for e-mail newsletters and purchase products or services. We use your PII to help customize advertising and content available on the CinemaVision Sites, to send you information about products and services that may be of interest to you and/or to conduct research for internal purposes. Some features, services, and promotional opportunities that we offer may also ask you to submit PII to participate. If you have uploaded Member Content (as defined in and pursuant to the Submission Policy, which can be found here - http://cinemavision.tv/policy/submission-policy) you have also authorized CinemaVision to use some of your publicly visible PII for distribution, advertising and promotional purposes. Non-Personally Identifiable Information. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), for both Account holders and non-Account holders (either will be referred to as a “User”). Log Data may include information such as a User's Internet Protocol (IP) address, mobile device identifier, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services on which a User clicked, the friends of Account holders who also use the Services, purchases made by the User, how often Users click on our advertisements, which files are downloaded most frequently, and which areas of our Site are the most popular and other statistics. We also collect certain information that your mobile device sends when you use our Services, including user settings, the operating system, as well as information about your use of our Services. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users' needs and preferences, and to make recommendations. We may use a person's IP address to fight spam, malware and identity theft. We also use the IP address to generate aggregate, non-identifying information about how our Services are used. Like many Internet sites, we also use “cookies” to collect information. A cookie is a small data file that we transfer to your computer and is stored on your hard drive when you access our Services. When you visit our Services the cookie identifies your computer to us so that you do not have to re-register each time you visit. We also use cookies to identify that you've logged in to the Services, to tell us how and when you interact with our Services, to monitor aggregate usage and web traffic routing on our Services, to return you to a persistent location of your choosing, and to customize and improve our Services and to measure the traffic to our Sites and the use of different features of the Services. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don't accept cookies, you may not be able to access all portions or features of the Services. Third party advertisers that appear on the Sites may place cookies on your computer and their use of the information stored on those cookies is subject to their own privacy policies. You should visit their websites to learn about their information practices. Note that this Privacy Policy only covers our use of cookies and does not include the use of cookies by such third parties. Advertisers or other companies do not have access to CinemaVision's cookies. Location Information. If you enable this feature on the Service (currently planned for the mobile App), we will collect information about your location and/or use various technologies to determine your locations, such as by converting your IP address into a rough gelocation, or sensor data from your mobile device that provides information on nearby Wi-Fi access points and cell towers. For Users of our mobile applications, you can enable or disable location services when you use our Service through your mobile device settings. Your Address Book. We may ask our mobile applications users for access to the address books on their mobile devices, so that we may connect Account holders, however we will not access your address book without your permission to do so. How we share information Except as noted, CinemaVision does not share your PII with third parties unless you give us your permission or we need to share such information in order to provide our Services to you at your request. Information Shared with Our Service Providers. We may share aggregated information and non-identifying information that we collect with third party advertisers. We also may share hashed or otherwise obfuscated identifiers based on your PII with trusted partners who in turn may provide these identifiers to third party advertisers, advertising networks, advertising exchanges and analytics services to help us serve ads that are more targeted to your interests and to help us better understand the interests of users of our Sites. Information Shared with Advertisers. We may share aggregated information and non-identifying information that we collect with third party advertisers. Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes. Information Disclosed for Our Protection and the Protection of Others. We will disclose PII when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on CinemaVision, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of CinemaVision, its agents and employees, personal safety, or the public. Under these circumstances, CinemaVision may be prohibited by law, court order or other legal process from providing notice of the disclosure, and CinemaVision reserves the right under those conditions to not provide notice in its sole discretion. Information Disclosed in Connection with Business Transactions. Information that we collect from our Users, including PII, is considered to be a business asset. If we become part of another organization, including without limitation, by merger, change of control, sale of assets, or other acquisition, go out of business or enter bankruptcy, your PII may be disclosed or transferred to a third-party acquirer in connection with the transaction. APIs. We offer APIs for use by third parties to access various features of our Services and content on our Sites. Some APIs will be used by third parties to access and use your PII with the third parties' services however, your PII will not be accessed and used by a third party API user without your consent. We also offer APIs to some of our third party service providers to assist with provision of services to us, such as, but not limited to, credit card processing and shipping fulfillment services, and those third party API users will access and use your PII only in order to provide services to us for you, as noted above under “Information Shared with Our Service Providers”. Information We Disclose with Your Consent or at Your Request. We will share your PII with third-party websites or platforms, such as social networking sites, if you have expressly requested that we do so. Your Profile Page When you create an Account, you have the option of checking a box to tell us that you do not want us to send you our email newsletter. Please note that when you create an Account, your profile page will display your Account user name and certain statistics regarding your own use of the Services, including but not limited to, the date you became an Account holder, the categories of materials you posted and how long ago you last visited the Sites. It will also display information about the Account holders who visit your profile page including the names of those Account holders who follow you (if the Account holder has permitted such display), and the number of visitors to, and views of your profile page or pages containing Content you have submitted. Any information or content that you post to your profile page, or to chat rooms or forums will be publicly accessible by Users so please exercise your good judgment before you post. The name you choose when creating your Account is visible to all Users of the Services. If you visit another account holder's profile page, your user name will appear on that page. CinemaVision does not control, and is not responsible for, the use of any information or content that you have exposed to the public through your use of the Services. You may use the tools we make available via the Services to make decisions about what information about you, including PII, will be visible on your profile page and on the profile pages of other Account holders that you visit. Please note Accounts can be created either by individuals or companies. Even if you choose not to receive information from us, we reserve the right to communicate with you on matters we consider especially important. Making changes You may review your PII by logging in and navigating to your Settings page on the website. Once there, you may modify information that is incorrect and delete certain information from your profile. You can also change your permission settings for us to send you e-mail newsletters. To delete your PII, you must manually change your data fields to null values. Please note that some information associated with you cannot be deleted. Data related to transactions for products and services through the CinemaVision Store is retained indefinitely and we may retain other PII associated with you in archived/backup copies for our records or as otherwise required by law. Security We take reasonable measures to protect the information that we collect from you or about you (including your PII). Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. International Transfers Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you're located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. Your use of our Services and submission of any PII represents your agreement to that transfer. Children's Information We do not intend that children under 13 years old will use our Services. We do not solicit or knowingly collect information from children under 13 years old, nor will we accept registration from them. Updates Any information that we collect is subject to the Privacy Policy in effect at the time the information is collected by us. However, we may update this Privacy Policy from time to time as our Services change and expand. If we update this Privacy Policy, we will notify you about significant changes by sending a notice to the email address specified in your Account, with the use of an internal message directed to your Account or by posting a notice of such changes on the Sites. Unless otherwise provided, the updated Privacy Policy will take effect on the date it is posted. Once such changes become effective, your continued use of the Site and/or Services will signify your acceptance of the new Privacy Policy. If you do not agree to the terms of this Privacy Policy, or any revised Privacy Policy, you should stop using the Sites and/or Services. Scope The CinemaVision Sites contain links to other websites and/or services. This Privacy Policy does not apply to the practices of any companies or individuals that CinemaVision does not control, or any websites and/or services that you link to from the CinemaVision Sites. CinemaVision is not responsible for the content, privacy or security practices and policies of those companies, individuals, websites and/or services and any information that you provide on or to third-party companies, individuals, websites or services are subject to those parties' privacy policies. You should use caution and review the privacy policies of any websites that you visit from ours to learn more about their information practices. Questions If you have questions about this Privacy Policy or our policies, please contact us through our contact form at http://cinemavision.tv/contact/.

Introduction Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by CinemaVision, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.CinemaVision.tv, CinemaVision add-ons, plugins, and mobile applications as well as all elements, software, programs and code forming or incorporated in to www.CinemaVision.tv (the "Service"). This Service is operated by CinemaVision, Inc. ("CinemaVision"). CinemaVision is also referred to in these Terms as "we", "our", and "us". By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the CinemaVision website (the "Site"). If you choose to register as a member of our Service or purchase products from the CinemaVision Store, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms"). Section I: General Terms 1. Availability This Service is provided by CinemaVision on an "AS IS" and "AS AVAILABLE" basis and CinemaVision reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that CinemaVision is and will not be liable to you for any modification, suspension or discontinuance of the Service. 2. Privacy CinemaVision has a firm commitment to safeguarding your privacy. Please review CinemaVision's Privacy Policy. The terms of CinemaVision's privacy policy are incorporated into, and form a part of, these Terms. 3. Trademarks All brand, product and service names used in this Service which identify CinemaVision or third parties and their products and services are proprietary marks of CinemaVision and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of CinemaVision or any third party with respect to any such image, logo or name. 4. Copyright CinemaVision is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to CinemaVision are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of CinemaVision or the appropriate owner of copyright in such works. CinemaVision does not claim ownership rights in your works or other materials posted by you to CinemaVision (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us. 5. Reporting Copyright Violations CinemaVision respects the intellectual property rights of others and expects users of the Service to do the same. At CinemaVision's discretion and in appropriate circumstances, CinemaVision may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact CinemaVision's agent for notice of claims of copyright infringement, who can be reached through our contact form at http://cinemavision.tv/contact/. You must provide our agent with substantially the following information, which CinemaVision may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details): 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 copyrighted 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 the service provider to locate the material. Information reasonably sufficient to permit the service provider 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 use of the material in the manner complained of is not authorized by the copyright owner. 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. Please see CinemaVision's Copyright Policy for further information and details. 6. External Links CinemaVision may provide links to third-party websites or resources. You acknowledge and agree that CinemaVision is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CinemaVision of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 7. Third Party Software As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall CinemaVision be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service. 8. Conduct You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to CinemaVision that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. CinemaVision does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless CinemaVision, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms. 9. Disclaimer of Warranty and Limitation of Liability CINEMAVISION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CINEMAVISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. CINEMAVISION MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT CINEMAVISION IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, CINEMAVISION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF CINEMAVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL CINEMAVISION'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO CINEMAVISION PURSUANT TO THIS AGREEMENT. 10. Amendment of the Terms We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to CinemaVision for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service. 11. General These Terms constitute the entire agreement between CinemaVision and you with respect to your use of the Service. CinemaVision's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. CinemaVision shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of CinemaVision. These Terms shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Texas. 12. Comments If you have any comments or questions about the Service please contact us through our contact form at http://cinemavision.tv/contact/. Section II: Additional Terms 13. Registration To register as a member of the Service or purchase products, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. You must not register multiple accounts, or share your account information with any third-party. You shall immediately notify CinemaVision of any unauthorized use of your account. 14. Password When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify CinemaVision of any unauthorized use of your password. 15. Submitting Content Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the CinemaVision website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the CinemaVision website, subject to your compliance with the Terms. Member Content - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Member Content," for display on your user page. Prior to submitting Member Content, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms. 16. Copyright in Your Content CinemaVision does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to CinemaVision a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on CinemaVision any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license. 17. Monitoring Content CinemaVision has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service. 18. Storage Policy At this time, CinemaVision provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that CinemaVision may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on CinemaVision's servers. Furthermore, you acknowledge that CinemaVision reserves the right to terminate or suspend accounts that are inactive, in CinemaVision's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, CinemaVision shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that CinemaVision reserves the right to modify its storage policies from time to time, with or without notice to you. 19. Conduct You agree to be subject to and to conduct yourself in accordance with the CinemaVision Etiquette Policy.You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to CinemaVision's Copyright Policy for further details. You agree not to use the Service: for any unlawful purposes; to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, CinemaVision or to facilitate the unlawful distribution of copyrighted content or illegal content; to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13; to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; to upload, post, or otherwise transmit any material which is likely to cause harm to CinemaVision or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; for any commercial purpose, except as expressly permitted under these Terms; to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from CinemaVision by hyperlink and not to compete with CinemaVision. 19A. Commercial Activities Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than CinemaVision. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without CinemaVision's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities. 19B. Groups As a registered member of the Service, you will also be able to participate as an administrator or member of a "Group" which is a set of user pages and applications formed for the purpose of collecting content, discussions and organizing members of the site with common interests. Further information about Groups can be found in our Etiquette Policy. You agree to participate in a Group on the basis of its own rules consistent with these Terms of Service, the conduct set out in paragraph 19, above, and such other rules created by us for Groups from time to time including with respect to the use of Groups for commercial activities. As an administrator or participant in a Group you acquire no ownership rights over the Group, the Group applications provided by us or over the right to conduct the activities of the Group. Any Content or Artists Materials submitted to a Group remain, as between the Group and the user submitting such content, the property of the person who submitted the content. Groups are managed by registered members of the Service and not by us. We are not responsible for the conduct of Group participants or administrators and will not interfere with the management or society of any specific Group or the rules it establishes for itself as long as they are consistent with these Terms of Service and our policies. Groups may not be used to collect personal data about participants in Groups without the participant's express permission. The Group application permits us to take appropriate action should intervention become necessary as a result of a violation of the Terms of Service or of any other of our policies. We can remove a Group and the Group's privileges at any time at our discretion. The use in a Group name of trademarks or distinctive trade names of properties, goods or services is subject to objections from the owner of the marks and names. CinemaVision will respond to such objections by requiring an appropriate change in the name of the Group. The use of trademarks and trade names in Group names otherwise must be descriptive of Group activity or purpose. To avoid confusion and animosity, Groups wishing to name themselves after trademarked properties must include a further description in its name of the type of Group it expects to be such as "Master Photoshop Tutorials" instead of simply "Photoshop." 20. Suspension and Termination of Access and Membership You agree that CinemaVision may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the CinemaVision Site, in CinemaVision's sole discretion, if you fail to comply with the Terms or applicable law. 21. Product Purchases from the CinemaVision Store From time to time, CinemaVision may make certain products available for purchase through the CinemaVision Store. All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only. In general, CinemaVision accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact CinemaVision at http://cinemavision.tv/contact/ and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to CinemaVision on returned items, and CinemaVision will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at CinemaVision's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH THE CINEMAVISION STORE IS PROVIDED ON AN "AS IS" BASIS. CINEMAVISION'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE CINEMAVISION STORE SHALL BE FOR CINEMAVISION TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH. 22. Paid Content Program As a registered member of the Service, you will also be granted the privilege of listing certain types of Member Content, known as "Content," for sale through the CinemaVision Store. Visit http://www.deviantart.com/sell/ for additional details on the Paid Content Program. Prior to submitting Content for sale, you must accept the additional terms and conditions of the Paid Content Program Agreement, which is incorporated into, and forms a part of, the Terms. 23. Account Credit Account Credits are credits issued via contest winnings or made available as an option through print sales via the Print Program that can be used to purchase products through the CinemaVision Store or pay for subscriptions. Account Credits are not legal currency and are not legal tender. To check your balance, simply click Store on the main menu, choose My Details, select Account Credit and you will be shown your current balance. Account Credits are nontransferable and Account Credits accrued in multiple accounts may not be combined. Your Account Credits cannot be redeemed for cash and cannot be used towards sales tax, gift certificates or past purchases. Account Credits are void where prohibited by law.