Legal Restrictions and Terms of Use Applicable to MovingPictureBooks.com

Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to MovingPictureBooks.com and any other site owned and/or operated by or on behalf of Moving Picture Books, LLC or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "MovingPictureBooks.com" and "Moving Picture Books" and/or “we” respectively).

USE OF MATERIALS

This site is owned and operated by Moving Picture Books, LLC and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of MovingPictureBooks.com are the property of Moving Picture Books and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from MovingPictureBooks.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may purchase and download the materials for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Moving Picture Books' copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Moving Picture Books. Moving Picture Books does not transfer title to the Software to you. As between you and Moving Picture Books, Moving Picture Books retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

NO PERSONAL ADVICE

Any informational materials provided on MovingPictureBooks.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Moving Picture Books makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through MovingPictureBooks.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

PRICING

With respect to items sold by Moving Picture Books online in The Moving Picture Books Store, we do NOT charge your credit card until after your order has entered the shipping process. From time to time, however, some items in our online stores may be mispriced. If we discover an item that you have ordered is mispriced, we may do one of the following:

If an item's correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item's correct price.

If an item's correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the item has shipped, we reserve the right to cancel your order and notify you of such cancellation.

CHANGES TO SITE

Moving Picture Books may add, change, discontinue, remove or suspend any portion of MovingPictureBooks.com at any time, without notice.

USER ACCOUNTS

Certain portions of MovingPictureBooks.com may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of MovingPictureBooks.com using your account and/or identity. Moving Picture Books reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of MovingPictureBooks.com for any reason, including without limitation for extended periods of inactivity.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from MovingPictureBooks.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Moving Picture Books, if in Moving Picture Books' sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from MovingPictureBooks.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER

MOVING PICTURE BOOKS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MOVINGPICTUREBOOKS.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." MOVING PICTURE BOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO MOVINGPICTUREBOOKS.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. MOVING PICTURE BOOKS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON MOVINGPICTUREBOOKS.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT MOVINGPICTUREBOOKS.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF MOVINGPICTUREBOOKS.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. MOVING PICTURE BOOKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON MOVINGPICTUREBOOKS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MOVING PICTURE BOOKS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MOVING PICTURE BOOKS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON MOVINGPICTUREBOOKS.COM, EVEN IF MOVING PICTURE BOOKS OR A MOVING PICTURE BOOKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MOVING PICTURE BOOKS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING MOVINGPICTUREBOOKS.COM.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING MOVINGPICTUREBOOKS.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF THE CIVIL CODE OF TENNESSEE, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION

By using MovingPictureBooks.com, you agree to indemnify, defend and hold harmless Moving Picture Books from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; or (2) a claim that is based on your use of any content on MovingPictureBooks.com. You will cooperate as fully and reasonably as required by Moving Picture Books in the defense of any claim. Moving Picture Books reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Moving Picture Books.

JURISDICTIONAL ISSUES

MovingPictureBooks.com is controlled and operated by Moving Picture Books, LLC from its offices in Tennessee, United States of America. Moving Picture Books makes no representation that materials on MovingPictureBooks.com are appropriate or available for use in other locations. Those who choose to access MovingPictureBooks.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from MovingPictureBooks.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the state of Tennessee, without giving effect to any principles of conflicts of law. You and Moving Picture Books each agree to submit to the exclusive jurisdiction of the courts of the state of Tennessee and the federal courts of Tennessee. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

PERMISSION FOR REPRINTS

All material on MovingPictureBooks.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on MovingPictureBooks.com (outside of personal, non-commercial use), please write to: Moving Picture Books, LLC, Permissions Department, 342 Troy Circle, Knoxville, TN 37919.

PERMISSION FOR WEB LINKING

If you link to MovingPictureBooks.com, you may only link to the home page, and the link must be in plain text, and approved in writing by Moving Picture Books. Any such link must not damage, dilute or tarnish the goodwill associated with Moving Picture Books and/or any Moving Picture Books intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Moving Picture Books, and you may not “frame” MovingPictureBooks.com. You may not link to MovingPictureBooks.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Moving Picture Books’ sole discretion. Moving Picture Books reserves the right, in its sole discretion, to terminate any link from any web site.

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE

Notification of a copyright infringement claim must be submitted to the following:

Legal Dept.
Moving Picture Books, LLC
342 Troy Circle
Knoxville, Tennessee 37919
Phone: 865-588-1732
Email: Legal@MovingPictureBooks.com

The notification must be in writing and include:

1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.Identification of each alleged infringing copyrighted work or works;

3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;

4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);

5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

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.

Moving Picture Books reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. The current terms of use may be viewed at http://www.MovingPictureBooks.com/terms along with the date of most recent update.

For other questions about MovingPictureBooks.com, please info@MovingPictureBooks.com

Most recently updated May 1, 2009