The term “MouseTrap,” “we” “us” or “our” refers to MouseTrap Films, LLC., the legal name of the owner of the Site. “Subscriber” refers to a User who has subscribed to our services and/or created an account to access the Site, Content, and other information available on our Site. The term “User” refers to any user of the Site. The term “you” refers to you, a Subscriber of the Site. “Submitter” refers to any User who posts, or uploads for posting a film or other material to the Site for viewing by Subscribers (collectively “Content”).
- Registration Information; Password.
You are responsible for maintaining the confidentiality of your Account, Information, profile and passwords, as applicable. You may not share your password or other Account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your MouseTrap registrations and passwords, whether or not authorized by you. You agree to immediately notify MouseTrap of any unauthorized use of your account, profile, passwords, as the case may be.
You understand and acknowledge that you have no ownership rights in your MouseTrap Account, and that if you cancel your MouseTrap Account or fail timely pay amounts due you lose all access rights and other benefits of a Subscriber.
In order to use this Site, you must obtain access to the World Wide Web and pay any ISP or other service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices). We reserve the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
- Limited License; Permitted Uses; Viewer Discretion.
If you register with us as a Subscriber, you are granted a non-exclusive, non-transferable, revocable license to access certain restricted areas of our Site to review, print and stream Content, and to post votes, questions for Q&A, and/or reviews of Content. In addition to the other terms and conditions of this Agreement, by accessing such Content and other information, you agree a) to use such Content and other information solely for internal, personal, non-commercial purposes, b) not to violate the copyright and other intellectual property rights of any User, c) not to reproduce, publish, make derivative works based thereon, or otherwise exploit such Content, d) not to harass or violate the right of privacy of any User. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances, nor may it be duplicated and redistributed in any manner.
You acknowledge and understand that much of the Content is not rated and some viewers may find some of the Content to be inappropriate or offensive. Viewer discretion is advised.
What you can do:
- Enjoy our festivals. Your Subscription gives you unlimited access to watch all films within your subscription, accessible via the Site within the Territory(s) designated on a Festival by Festival basis.
- Watch what you want. When you want, whether at home, on your computer, tablet or phone.
- Stream all the festival films instantly.
- Watch as many films and other Content that is offered on the Site as you want.
- After watching a film or other Content, vote on the films, on a 1-5 point rating system, to help us award prizes to filmmakers based on audience voting.
- Participate in Q&A sessions, panel discussion and other Content provided on the Site.
- Engage with our sponsors to be eligible for special product give-aways.
- If you are so inclined, attend live screenings of some of the films and Content (any costs to travel to such locations is out the sole cost of the Subscriber); and
- Engage in social media channel chats, social media posting, and comments and reviews on each film screened on the Site.
For what you cannot do when using your Subscription or the Site, please see the section on “Conduct” below.
If you are a Subscriber, you are permitted to post or upload for posting to the Site your thoughts and reviews of Content. You are solely responsible for anything you post on the Site or submit for posting. You agree that in submitting any posting or uploading any material or otherwise using the Site that you will not impersonate any person.
We will consider anything you provide to the Site and/or contribute to this Site as available for our use free of any obligations to you except when expressly stated otherwise by us. By posting to the Site or uploading for posting by MouseTrap, including without limitation, postings to any message boards, profiles, forums, contests and chat rooms, you automatically grant to MouseTrap and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such postings (in whole or in part) on the Site, as well as the right of MouseTrap to use such material for any purpose, including but not limited to the advertisement and promotion of the Site, any Content, and/or MouseTrap or its other businesses.
You represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such postings, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post any material in any public or semi-public area of the Site, you also permit any User to access, display, view, store, print and reproduce such posting for personal use.
- Third Party Content. Permission to Release Contact Information.
Third party content may appear on the Site or may be accessible via links from the Site.
We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials, nor the copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the MouseTrap or any association with its operators.
By registering for a Subscription and using the Site, you agree that we may release to sponsors, advertisers and other participants of the Site any or all of your postings. By registering and/or engaging with Sponsor or Advertiser give-aways you agree to share your a) your contact information, and b) your profile, for purposes of providing you with special offers, news, products and services. You may opt out of participation in this program by not engaging with Sponsor and Advertiser give-aways or posting comments and reviews.
MouseTrap does not represent or guarantee the truthfulness, accuracy, or reliability of Content, any User of the Site, or any communications between you and any other User of the Site, or endorse of any service provider, User, or other third party, or any opinions expressed by any such persons.
MouseTrap has no liability or responsibility to Users for performance or nonperformance of others, or the availability of the Site.
- Removal of Content.
MouseTrap has no obligation to screen Content, Subscribers, Users, communications or information in advance and is not responsible for screening or monitoring Content posted by Users or communications between Users or others. However, MouseTrap shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site that, in its sole judgment, violates this Agreement, the spirit of this
Agreement, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Site. MouseTrap may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for MouseTrap, damage MouseTrap’s brand or public image, or cause MouseTrap to lose (in whole or in part) the services of its ISPs or other suppliers.
- MouseTrap’s Intellectual Property Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as otherwise permitted by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
- Submission Restrictions/Rights.
We appreciate hearing from our Users and welcome your comments regarding our services and the Site. Please be advised, however, that while we value your feedback on our services, please be specific in your comments regarding our services and note that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission“), the Submission shall be the property of MouseTrap. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. MouseTrap shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. For avoidance of doubt, Submissions do not include Content submitted for posting on the Site.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site.
You agree not to post, email, or otherwise make available Content through the Site that:
- is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person or entity, including, but not limited to, a MouseTrap employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- includes personal or identifying information about another person without that person’s explicit consent;
- is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- constitutes or contains any form of advertising or solicitation if: posted in areas of the Site which are not designated for such purposes; or emailed to MouseTrap users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
- includes links to commercial services or other web sites;
- advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site;
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site; or
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site – unless expressly permitted by MouseTrap (such as the MouseTrap Iphone App);
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to MouseTrap’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site; or
- use any form of automated device or computer program that enables the submission of postings on MouseTrap without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
- Restrictions and Prohibitions on Use.
Users are also prohibited from violating or attempting to violate the security of the Site and/or accounts of Users, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the MouseTrap Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. Violations of system or network security may result in civil and/or criminal liability. MouseTrap will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
- Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
- Non Transferable:
Your right to use the Site, including your Subscription, is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
- Disclaimer of Warranties.
YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE is PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MOUSETRAP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MOUSETRAP DISCLAIMS ANY WARRANTIES FOR OTHER SITES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MOUSETRAP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
- Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that our Site contains content that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by mail:
MOUSETRAP FILMS, LLC
4557 Colfax Ave
North Hollywood, CA 91602
- Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
- Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Site Materials provided therein.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of the JAMS applicable at the time the arbitration commences. The arbitration shall be conducted in Los Angeles County, California. Each party shall bear its own attorneys’ fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
You agree that MouseTrap, in its sole discretion, may suspend and/or terminate your right of access to the Site, and remove and discard any Content or other information that you have posted or made available for posting on the Site, for any reason, including, without limitation, if MouseTrap, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights, violate applicable laws, rules or regulations, or act in an abusive, disruptive, offensive or illegal manner, or act in a manner that violates the rights of, or harms or threatens the safety of, Users of the Site. You agree that any suspension or termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MouseTrap may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that MouseTrap shall not be liable to you or any third-party for any termination of your access to the Site.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.