TERMS OF USE

Movie Skits, Inc. (“we”, “our” or “us”) operates the Movie Skits platform, including the website (the “Site”), the app (the “App”), and the Movie Skits social media accounts (the “Social Media Accounts”) that allow you to write, save, export, and post scripts, comment on others’ scripts, and create and post video skits based on others’ scripts, and offers certain other features, content, or contests from time to time (collectively, “Additional Features”) (the Site, App, Social Media Accounts, and Additional Features shall hereinafter sometimes be collectively referred to as the “Platform”).

This Terms of Use Agreement (“Agreement”) includes our policy for acceptable use of the Platform and governs your rights, obligations and restrictions regarding your use of the Platform. Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy [provide link to Privacy Policy] which explains how we collect and use your content and information. Please read the Privacy Policy. In order to participate in certain services offered through the Platform, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference but such additional terms and conditions shall control solely for the applicable service they relate to. By using the Platform, you agree to be bound by this Agreement.

We may modify this Agreement from time to time and such modification shall be effective upon posting to the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Platform immediately.

YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

In order to access many of the features of the Platform, you will be required to register an account (an “Account”). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name and e-mail address. This information will be held and used in accordance with our Privacy Policy at Privacy Policy.

You may never use another’s Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Movie Skits Providers”) due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any features or services on the Platform. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

CONTENT


A. Proprietary Rights

With the exception of User Content (as defined below), all materials contained on the Platform, including all content, the software, graphics, text and look and feel of the sites, and all trademarks (including MOVIE SKITSTM), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Movie Skits Inc., our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Platform, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Platform and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Platform. You agree not to use the Platform for any other purpose.


B. Uploading and Publishing Content

Users may write scripts on, and save scripts to, the Platform, which scripts are not viewable by anyone other than the user. Users also have the option of publishing content on the Platform, which content then becomes viewable and available to others on the Platform. Users may publish two types of content on the Platform: scripts (“Script Content”) and video skits based on other users’ Script Content (“Video Content”) (collectively, “User Content”). Any User Content published to the Platform may be commented on by other users of the Platform (“Commenting Users”).

Users who publish Script Content (“Script Publishers”) and users who publish Video Content (“Video Publishers”) retain all copyright and other proprietary rights in and to their User Content, provided, however, that by submitting User Content to us through the Platform, Script Publishers, Video Publishers, and Commenting Users (as defined below) automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, sublicensable and transferable, non-exclusive right and license to host and display such User Content on the Platform and to grant others those licenses with respect to such User Content as provided hereunder. Commenting Users acknowledge and agree that any of their comments or suggestions may be incorporated by the Script Publisher into his or her Script Content, and that such Script Publisher shall be deemed to own and retain any and all rights in and to his or her Script Content, including the comments and suggestions of the Commenting User.

The licenses herein granted by you in your User Content are perpetual and will only terminate if you cancel your account and thus initiate the removal or deletion of your User Content from the Platform (such license will terminate within a commercially reasonable time after your cancelation), provided, however, that Script Publishers hereby acknowledge and agree that Video Content based on their Script Content shall remain on the Platform and/or a Video Publisher’s YouTube account even in the case of removal or deletion of the Script Publisher’s Script Content. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted.

We may disclose any of your User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Platform; (iii) to protect the rights or property of Movie Skits, Inc. and our officers, directors, employees and agents; (iv) to protect the Movie Skits Providers and any other user; or (v) as otherwise described in our Privacy Policy.

You agree that we may remove any User Content at any time for any reason.


C. Additional Agreements, Acknowledgements and Representations

In addition to the licenses granted above, Script Publishers hereby grant Video Publishers the non-exclusive right and license to create Video Content based on their Script Content and to publish such Video Content to the Platform and the Video Publisher’s own YouTube channel. Script Publishers further acknowledge and agree that Video Publishers have artistic license in creating Video Content and that such content may not be of good quality or conform to the Script Publisher’s artistic vision.

Video Publishers hereby agree to exploit and otherwise distribute Video Content solely through the Platform and his or her own YouTube channel. With respect to any Video Content first uploaded to the Video Publisher’s YouTube account, such Video Publishers agree to furnish their Video Content to Movie Skits upon request via a mutually approved method. Video Publishers hereby agree that they are expressly prohibited from selling, licensing, distributing or otherwise exploiting their Video Content outside of the Platform and that they will only upload such Video Content to their YouTube channel if it is then embedded into or shared through the Platform.

Without limiting anything herein, you may not post, modify, distribute, or reproduce in any way on the Platform any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent. You are further prohibited from posting on or transmitting through the Platform any content that is defamatory, damaging, illegal, or offensive.

Just as you retain complete ownership of your User Content (subject to the license to us granted above), all other users of the Platform retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part except as specifically authorized hereunder.

The Platform is not intended to be utilized for storage. You should always keep backup copies of your User Content on your own hard drive or in any other manner. We are not liable in the event your User Content is lost, deleted or modified while on our servers.


D. Representations and Warranties

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content and to enable inclusion and use of your User Content in the manner contemplated by the Platform and this Agreement. You further represent and warrant that your User Content will not defame any third party and that the use of your User Content on the Platform will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.


E. Third-Party Content

You acknowledge that Movie Skits, Inc. is an online service provider that may post content supplied by third parties and users. We do not practice editorial control over the content posted by such third parties (including User Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of Movie Skits, Inc. or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Platform by anyone other than Movie Skit, Inc.

ONLINE CONDUCT

You, as a user, agree to use the Platform only for lawful purposes. Specific prohibited activities include, but are not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  3. attempting to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein;
  4. using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Platform;
  5. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials;
  6. interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
  7. attempting to impersonate another user or person;
  8. soliciting personal information from anyone under 18;
  9. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
  10. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
  11. using any information obtained from the Platform in order to harass, abuse, or harm another person;
  12. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
  13. using the Platform in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations; or
  14. using the Platform in any commercial manner whatsoever.

Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Platform.

NOTICE OF INFRINGEMENT

Without limiting the foregoing, if you believe that any content, including User Content, or other materials posted on the Platform constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: info@movieskits.com .

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. 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;
  6. 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.

NON-COMMERCIAL USE

The Platform is intended for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Platform in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Platform, is prohibited.

CHANGES

We reserve the right to alter, change, or discontinue any or all features (including individual sections of those features) on our Platform without prior notice. We will not be liable to you for any modification, suspension, or discontinuation of the Platform, or the loss of any of Your Content.

LINKS

The Platform may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.

We reserve the right to disable links from or to third party sites.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE PLATFORM IS PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY MOVIE SKITS PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF MOVIE SKITS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY MOVIE SKITS PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE PLATFORM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MOVIE SKIT, INC.’S RECORDS, PROGRAMS, OR PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE PLATFORM.

NEITHER WE NOR ANY MOVIE SKITS PROVIDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF OR SUCH MOVIE SKITS PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU AGREE THAT OUR TOTAL POTENTIAL LIABILITY SHALL BE CAPPED AT $10,000.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Platform, contests, sweepstakes or offers offered through the Platform nor shall any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.

APPLICABLE LAW; JURISDICTION

The Platform is created and controlled by us in the State of Massachusetts. As such, the laws of the State of Massachusetts will govern these Terms of Use, without giving effect to any provisions of Massachusetts law that direct the choice of another state’s laws.

Subject to the Arbitration section below, in the event of any action in court permitted hereunder, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Massachusetts and of the United States of America located in Norfolk County, Massachusetts for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Massachusetts Courts and agree not to plead or claim in any Massachusetts Court that such litigation brought therein has been brought in an inconvenient forum.

BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Norfolk County, Massachusetts, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of Massachusetts or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

We would like to clearly state that arbitration prevents your ability to sue in court and it prevents your ability to have a jury trial. Any and all disputes, claims, and causes of action arising out of or connected with this agreement shall be resolved individually, without resort to any form of class action, class arbitration, or representative action or proceeding.

INDEMNITY

You agree to indemnify and hold Movie Skits, Inc., the Movie Skits Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if your User Content causes us to be liable to another.

SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

OTHER

This Agreement is deemed accepted upon any use of any of the Platform. This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

SUPPORT

Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform or any of your purchases through the Platform. To reach our customer support team, please e-mail us at info@movieskits.com . It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

THIRD PARTY MARKETPLACES

These Terms of Use are between you and Movie Skits, Inc. only, not with Apple, Facebook, Google or any other third party through which you may have accessed or purchased the Platform (“Marketplaces”). The Marketplaces are not responsible for the Platform. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Platform. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the Platform infringes upon a third party’s intellectual property rights.

AGE OF USERS

We do not intend the Platform to be used by minors under the age of 13. Furthermore, we do not market the Platform for use by minors under the age of 13. If we learn that a user under the age of 13 has registered for an Account, that user’s Account will be terminated. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before establishing an Account or making use of the Platform. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.

MODIFICATION

We reserve the right to make changes to the Platform, posted policies, and these Terms of Use at any time without notice other than the reposting of the modified Terms of Use; so check back frequently.

Please contact us at info@movieskits.com with any questions regarding this Agreement.