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MovieNuke Terms of Service

1. Acceptance of Terms

MovieNuke welcomes you. MovieNuke provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.movienuke.com/legal/termofuse.aspx. BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the MovieNuke.com domain name, the "MovieNuke Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms of Service"), AND (2) MOVIENUKE'S PRIVACY POLICY at http://www.MovieNuke.com/privacy/. If you do not agree to any of these terms, then please do not use the MovieNuke Website.

2. MovieNuke WebSite

MovieNuke provides users with access to a rich collection of videos which may be accessed through any various medium or device now known or hereafter developed (the "WebSite"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MovieNuke to provide the Service. The MovieNuke Website may contain links to third party websites that are not owned or controlled by MovieNuke. MovieNuke has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MovieNuke will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MovieNuke from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the MovieNuke Website and to read the terms and conditions and privacy policy of each other website that you visit.
You must be at least 13 years of age to access the MovieNuke Website.

3. Website Access

3.1. MovieNuke hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without MovieNuke's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms of Service.
3.2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the MovieNuke servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. MovieNuke grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MovieNuke reserves the right to revoke these exceptions either generally or in specific cases. You agree not to use the communication systems provided by the Website for any commercial solicitation purposes.
3.3. MovieNuke has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

4. Intellectual Property Rights

The Website is our exclusive property. We grant you a free, personal, non-exclusive and non-transferable right to access and use the Website. All other rights are expressly excluded without our prior written consent. The content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MovieNuke. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without MovieNuke's prior written consent. MovieNuke reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIENUKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MOVIENUKE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. MOVIENUKE DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND MOVIENUKE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

6. Limitation of Liability

IN NO EVENT SHALL MOVIENUKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOVIENUKE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MOVIENUKE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

7. Indemnity

You agree to defend, indemnify and hold harmless MovieNuke, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MovieNuke Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MovieNuke Website.

8. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the MovieNuke Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MovieNuke Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

9. Assignment

These TTerms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MovieNuke without restriction.

10. General

These Terms of Service shall be governed by the internal substantive laws of the State of British Columbia, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and MovieNuke that arises in whole or in part from the Website or these Terms of Service shall be decided exclusively by a federal or state court of competent jurisdiction located in British Columbia, Canada. These Terms of Service, together with the Privacy Notice at http://www.MovieNuke.com/privacy/ and any other legal notices published by MovieNuke on the Website, shall constitute the entire agreement between you and MovieNuke concerning the MovieNuke Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MovieNuke 's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MovieNuke reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the MovieNuke Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MOVIENUKE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MOVIENUKE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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