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TERMS OF USE

I. INTRODUCTION / DEFINITIONS

The present Terms of Use set forth the terms and conditions of use of the website www.movielocker.com, published by Movielocker S.A.

Under the present Terms of Use the following definitions shall be used:

  • MOVIELOCKER: Movielocker S.A., incorporated in Boncourt, Switzerland, including its existing or future affiliates or related companies.
  • MOVIELOCKER’S COMMISSION: Commission of 20%, but not less than 50 cents of US$ of the total Publisher’s Fee paid by Users for each Transaction, which is to be retained by Movielocker.
  • MOVIELOCKER'S CONTENT: All and any content (other than Users' Content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software.
  • ORDER(S): An Order is placed on the Website every time a User selects Publishers’ Content for purchase and confirms his/her agreement with the Publishers’ Offer to the Website by clicking on the “PLAY” button.
  • PAYPAL ACCOUNT(S): Account created with the www.paypal.com website and allowing secure and fast payments. The benefit of a valid PayPal Account is an absolute requirement for Users wishing to register with Movielocker and to create an Account. All and any Transactions on the Website can only be executed via the PayPal system.
  • PUBLISHER(S): Any User(s) having successfully opened a Publisher Account in order to submit (upload) video material to the Website for distribution to other Users.
  • PUBLISHER ACCOUNT: Account(s) opened by Publishers with Movielocker after completion of the Publisher registration process.
  • PUBLISHERS’ CONDITIONS: Conditions set by Publishers for the distribution of Publishers’ Content and/or Publishers’ Free Content other than the Publishers’ Fee. Such Publishers’ Conditions may include geographical limitations, viewing limitations and any other conditions selected by the Publisher in conformity with the present Terms of Use.
  • PUBLISHERS’ CONTENT: Video material submitted by Publishers to the Website for distribution to other Users and for which the Publisher charges other Users a Publishers’ Fee.
  • PUBLISHERS’ DONATION CONTENT: Video material submitted by Publishers to the Website for distribution to other Users, the price for which is determined by the User himself intended to play the video.
  • PUBLISHERS’ FEE(S): Price asked by Publishers to other Users for the purchase and playback of Publishers’ Content.
  • PUBLISHERS’ FREE CONTENT: Video material submitted by Publishers for distribution to other Users and for the distribution of which no Publishers’ Fee is charged to other Users.
  • PUBLISHERS’ OFFER(S): Offer(s) made by Publishers in relation with the distribution of Publishers’ Content to other Users, which consists in a (1) the Publishers’ Fee and (2) the Publishers’ Conditions.
  • TRANSACTION(S): All contracts and/or agreements concluded by and between Publishers and other Users in relation with the distribution of Publishers’ Content.
  • USER: Any user of the Website.
  • USERS’ CONTENT: Collectively Publishers’ Content, Publishers’ Free Content, Publishers Donation Content and Users’ Messages.
  • USERS’ MESSAGE(S): Message(s) that Users can directly send to Publishers in response to, or in relation with, Publishers’ Content.
  • WEBSITE: The website www.movielocker.com, collectively, including all content and functionality available through the www.movielocker.com website.
  • YOU(R): You as a User of the Website.
  • YOUR CONTENT: All video material that You have submitted to Movielocker.

II. ACCEPTANCE OF THE TERMS OF USE

By using/visiting the Website as a User, either as an individual or a single entity, You expressly agree to the present Terms of Use - including all updates, revisions and modifications - as well as to all other policies of Movielocker (including but not limited to Movielocker’s Privacy Policy).

In case you are not an individual, You warrant that you dispose of all necessary corporate or equivalent authority and powers to agree to the present Terms of Use, which shall be binding upon the corporation, partnership or other entity in whose name you have registered as a User.

Movielocker may, in its sole discretion and without notice, modify or revise the present Terms of Use at any time, and You agree to be bound by such modifications or revisions. Any modification, update or revision of the present Terms of Use shall become automatically effective and binding as from the date of their publication on the Website. It is Your responsibility to consult and revert to the last available version of the present Terms of Use as posted on the Website. Movielocker is not obliged to notify users about changes made withing Terms of Use or any other part of the Site. In case of notyfing Users about changes made, it should be made by publication of those changes on the Website or/and notifying via Email.

The Website is available for individuals aged 13 years or older. If You are 13 or older but under the age of 18, You should review these Terms of Use with Your parent or guardian to ensure that You and Your parent or guardian understand and accept these terms and conditions.

The present Terms of Use apply to all Users of the Website, including Publishers. In case You do not agree with the present Terms of Use, You may not use the Website.

III. THE WEBSITE

The Website is an innovative on-line platform with unique technical features, allowing You to upload, store, distribute, purchase, license and watch video materials of the best quality standards and without any size- or run-time limitations under conditions set forth in the present Terms of Use.

Movielocker protects submitted video material through the Digital Rights Management technology, which guarantees the highest level of protection against unauthorized copying and distribution.

IV. REGISTERING WITH MOVIELOCKER

The use of most features of the Website requires that Publisher registers with Movielocker and create an Account.

Users are allowed to watch Publishers’ Free Content, Publisher’s Donation Content and Publisher’s Free Content without registration with Movielocker and the creation of an account.

Any submission of video content to Movielocker for publication on the Website requires a successful registration with Movielocker and the creation of a Publisher Account.

Users should do all video encoding by their own.

Movielocker doesn’t store any of the original video content, all the content which is uploaded to the Website is being automatically secured with DRM technology.

When creating Your Account, You must provide Movielocker with accurate and complete information. You are solely responsible for the activity that occurs on Your Account and for maintaining the confidentiality and security of Your Account. You must keep Your Account password secure and not reveal Your Account information to anyone else or use anyone else's Account. It is also Your responsibility to notify Movielocker immediately of any breach of security or unauthorized use of Your Account.

MOVIELOCKER DISCLAIMS ALL LIABILITY FOR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT. HOWEVER, YOU MAY BE HELD LIABLE FOR THE LOSSES OF MOVIELOCKER OR OTHERS DUE TO SUCH UNAUTHORIZED USE.

By providing Movielocker with personal information in relation with the creation of an Account, You expressly authorize Movielocker to collect and process such information for the purpose of management of the Website. At all times, Movielocker will respect all requirements of applicable data protection laws and in particular, Movielocker undertakes not to transfer any of Your personal data to any third party without Your express consent. Movielocker’s Privacy Policy is further applicable and is by this reference fully part of the present Terms of Use.

Movielocker remains free to suspend or terminate Your access to the Website without notice, in particular by suspending or terminating Your Account, in case Movielocker determines, in its sole discretion, that such measure is necessary as a consequence of Your violation of the present Terms of Use or any other Movielocker policy.

As part of the Publisher registration process and creation of a Publisher’s Account, Publishers will be required to transmit evidence of their identity, resp. of their corporate identity, and of their domiciliation, to Movielocker.

PLEASE NOTE THAT MOVIELOCKER RESERVES AT ALL TIME ITS RIGHT TO DECLINE REGISTRATION. YOU AGREE AND ACKNOWLEDGE THAT THE PRESENT TERMS OF USE CONCEDE YOU NO RIGHT TO REGISTER WITH MOVIELOCKER, EITHER AS USER OR PUBLISHER. IN PARTICULAR, MOVIELOCKER MAY RESTRICT THE AVAILABILITY OF ALL OR PART OF ITS SERVICES TO CERTAIN GEOGRAPHIC AREAS.

V. YOUR USE OF THE WEBSITE

General conditions

Pursuant to the present Terms of Use, Movielocker grants You the permission to access the Website, under the following conditions:
  1. You may not, under any circumstance, alter or modify any part of the Website;
  2. You may not launch any automated system, including without limitation, "robots," "spiders," or "offline readers," “virus”, “worms”, “Trojan horse”, having the purpose or effect to detrimentally affect the Website.
  3. You may not collect any personal data, including account names, from the Website, nor use the communication systems provided by Movielocker to its Users for any commercial solicitation purposes.
  4. Your use of the Website requires one or more compatible devices, Internet access and certain software and may require obtaining updates or upgrades from time to time. As the use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of such materials. You agree that such system requirements, as modified from time to time, are under Your responsibility.
  5. You shall be solely responsible for Your Content and the consequences of posting such content. Movielocker does not guarantee any confidentiality in relation with Your Content.
  6. You are aware that by using the Website, you may encounter content that You may find offensive, indecent, or objectionable. Nevertheless, You agree to use the Website at your sole risk. You agree that Movielocker shall assume no liability for content that You may find to be offensive, indecent, or objectionable.
  7. You agree that You will not attempt to, or encourage or assist any other person to, circumvent or modify any component of the Website.
  8. Movielocker reserves the right to discontinue any aspect of the Website at any time.
Your Content
  1. You represent and warrant that You dispose of the necessary authorizations to use and upload any content that You may submit to the Website. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their owner to display and distribute such material.
  2. Movielocker shall determine in its sole discretion whether a Publisher’s Content is appropriate and complies with the present Terms of Use. You agree that Movielocker may at any time, without prior notice and in its sole discretion, remove any Publisher’s Content and/or terminate any Account for material uploaded in violation of the present Terms of Use.
  3. You warrant that Your Content contains no pornography, dangerous or illegal acts, unlawful, obscene, defamatory or libelous material, images of rape or abuse, images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).
  4. You also warrant that Your Content is not contrary to public policy, nor any applicable laws, regulations or bona mores.
  5. You acknowledge that Movielocker is under a legal obligation to remove or to block the access to any clearly illegal Users' Content which has been effectively brought to Movielocker's attention.
  6. You acknowledge and accept that Your failure to comply with the present Terms of Use may result in Your Content being removed and/or Your Account being disactivated without prior notice.
  7. Moreveor, Movielocker reserves the right to report any violation of the present Terms of Use to competent law enforcement authorities and any uploading of Your Content in violation of the present Terms of Use may result in Your personal criminal and/or civil liability pursuant to applicable laws and regulations.
Publisher's Content
  • Your use of the Publisher’s Content is conditioned upon Your prior acceptance of the Terms of Use.
  • You agree that by concluding Transactions with Publishers, You may only acquire a license authorizing You to watch Publishers’ Content for Your private, non-commercial use and in the respect of Publishers’ Conditions, as applicable. In particular, the delivery of Publishers’ Content shall not have the effect of transferring any commercial or promotional use rights in such Publishers’ Content to You.
  • You further agree that Your purchase of Publishers’ Content constitutes Your acceptance of and agreement to use such Publishers’ Content solely in accordance with the present Terms of Use, and that any other use of the Publishers’ Content may constitute a copyright infringement.
  • Beside the applicable Publishers’ Fees, Publishers are also entitled to impose specific conditions to the distribution of their Publishers’ Content. Publishers’ Conditions may include in particular:
    1. Restriction of their Publishers’ Offer to certain geographical areas;
    2. Restrictions in the number of authorized views
  • You agree that Your purchase and use of Publishers’ Content may be restricted or impeded by the effect of Publishers’ Conditions.

VI. INTELLECTUAL PROPERTY

  1. Your Content
    
Movielocker does not claim any ownership rights in relation with any of Your Content. You shall retain all ownership rights on Your Content and shall continue to have the right to freely use such material even after submitting Your Content to the Website. 
MOVIELOCKER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR CONTENT. Movielocker does not permit and will not tolerate any infringement of intellectual property rights on the Website. Movielocker may remove, without prior notice, all Users’ Content if notified that such Users’ Content infringes on another's intellectual property rights. 
By submitting Your Content to the Website, You agree to allow other Users to use Your Content in conformity with the present Terms of Use and within the Publishers' Conditions You may have selected, for the entire period in which Your Content is hosted on the Website. 
While Movielocker makes its best efforts to protect Your Content against such risks, MOVIELOCKER SHALL ASSUME NO LIABILITY IN CASE YOUR CONTENT IS SUBJECT TO MISAPPROPRIATION AND/OR PIRACY. YOU ARE RESPONSIBLE FOR TAKING ALL APPROPRIATE MEASURES TO PROTECT YOUR CONTENT. 
You grant Movielocker the non-exclusive, royalty-free license to reproduce, display and distribute Your Content on the Website, in whole or in part, through any media and telecommunications technology providing access to the Website. You grant such license to Movielocker for as long as Your Content remains hosted on the Website. 
You may access other Users’ content solely for Your personal and non-commercial use and in the respect of the present Terms of Use. In particular, You must not attempt to distribute, commercialize, transmit, license, copy or lease any other User's Content without such User prior authorization.
  2. Movielocker’s Content
    
Movielocker's Content is the exclusive property of Movielocker and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights. 
Movielocker grants You a personal, non-exclusive, non-transferable and revocable right to access and use the Website, under the condition that You comply with the present Terms of Use. 
Movielocker's Content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited without the prior written consent of Movielocker. 
You agree not to use or exploit the Movielocker's Content in any manner inconsistent with the present Terms of Use and in particular, You shall always respect all rights granted or restrictions set forth herein. You are not allowed to modify, edit, translate, adapt, or disassemble Movielocker's Content or to create derivative works based upon Movielocker's Content. 
All rights not expressly granted in the present Terms of Use are reserved to Movielocker and its licensors.

VII. PURCHASING PUBLISHERS’CONTENT

  1. Concluding Transactions
    


    To purchase and watch Publishers’ Content, Users will be invited (1) to select the Publishers’ Content they wish to purchase and (2) to accept the Publisher’s Offer by clicking on the “PLAY” button. A Transaction shall be considered as concluded between the User and the Publisher upon placement of an Order by a User followed by User’s confirmation via a click of the “PLAY” button.

    


    Users and Publishers undertake and commit to engage in good faith in the performance of Transactions. Publishers agree that Movielocker is only acting as a passive conduit for the Publishers’ online distribution of Publishers’ Content. Movielocker reserves the right (but not the obligation) to take any action with respect to the Publishers’ Content if Movielocker believes that it may create liability for Movielocker or may cause Movielocker to lose the services of Internet Service Providers or other suppliers.

    


    Please note that Publishers are free to modify applicable Publishers’ Fee and Publishers’ Conditions at any time.

  2. Payment conditions
    
Publishers shall entrust Movielocker with the task of receiving, on the Publishers’ behalf, all payments of Publishers’ Fees made by Users in the performance of Transactions. 
All transactions shall be performed and all Publishers’ Fee shall be paid in US$.
The amounts paid to Publishers should be withdrawn using «WITHDRAW» button, Movielocker’s commission would automatically apply. The amount to be withdrawn should be no less than $10.
You agree to pay all and any applicable Publishers’ Fees in consideration for all Publishers’ Content You purchase through the Website. You also agree that Movielocker may charge Your PayPal Account for any Publishers’ Content purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account.
PUBLISHERS’ FEES CAN ONLY BE PAID VIA A VALID PAYPAL ACCOUNT. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL PUBLISHERS’ FEES AND FOR PROVIDING MOVIELOCKER WITH VALID PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL PUBLISHERS’ FEES.
All Publishers’ Fees will be billed to the PayPal Account designated during the registration process. If You want to designate a different Paypal Account or if there is a change in Your PayPal Account status, You must notify Movielocker and change your Account information.
  3. Movielocker’s Commission
    
Publishers expressly authorize Movielocker to deduct Movielocker’s Commission directly from all payments of Publishers’ Fees made by other Users in the performance all and any Transactions.

VIII. LIABILITY

  1. General Warranty disclaimer
    
YOU AGREE THAT YOUR USE OF THE MOVIELOCKER SHALL BE AT YOUR SOLE RISK AND LIABILITY. YOU ACKNOWLEDGE THAT THE CONTENT OF THIS WEBSITE IS PROVIDED TO YOU AS IS AND THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOVIELOCKER, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY APPLICABLE LAW OR REGULATIONS. 
FURTHERMORE, MOVIELOCKER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT AND ASSUMES NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS, MISTAKES, INACCURACIES OF CONTENT, AS WELL AS ITS TIMELY AND PROPER, DELIVERY, OR LIMITATIONS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF MOVIELOCKER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MOVIELOCKER’S PLATFORM, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR 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 POSTED, EMAILED, TRANSMITTED, UPLOADED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MOVIELOCKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. IN NO EVENT SHALL MOVIELOCKER BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  2. Warranty disclaimer in relation with the purchase of Publishers’ Content
    
PUBLISHERS ARE FULLY AWARE AND ACCEPT THAT MOVIELOCKER IS NOT PART - AND SHALL UNDER NO CIRCUMSTANCE BECOME PART - OF ANY CONTRACTUAL RELATIONSHIP ENTERED INTO BY AND BETWEEN PUBLISHERS AND OTHER USERS UPON CONCLUSION OF TRANSACTIONS. 
ACCORDINGLY, IN NO EVENT WILL MOVIELOCKER BE LIABLE TO PUBLISHERS OR TO USERS FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE DAMAGES OR DAMAGES OF ANY OTHER KINE ARISING FROM, ON IN RELATION WITH, THE PERFORMANCE OF TRANSACTIONS CONCLUDED BY AND BETWEEN THE PUBLISHERS AND USERS. IN PARTICULAR, THE PUBLISHERS ARE EXCLUSIVELY LIABLE TO OTHER USERS FOR THE PUBLISHERS’ CONTENT AND MOVIELOCKER SHALL BEAR NO LIABILITY WHATSOEVER FOR THE PUBLISHER’S CONTENT OFFERED BY PUBLISHERS TO OTHER USERS. ONCE A TRANSACTION IS CONCLUDED, MOVIELOCKER SHALL BEAR NO LIABILITY FOR THE PAYMENT OF THE PUBLISHERS’ FEES BY USERS. YOU AS A PUBLISHER WAIVE ALL RIGHT TO ENGAGE IN CIVIL OR CRIMINAL PROCEEDINGS TOWARDS MOVIELOCKER FOR THE PERFORMANCE OF TRANSACTIONS BY OTHER USERS OF FOR THE USE OF THE PUBLISHERS’ CONTENT BY USERS. 
USERS ACKNOWLEDGE AND AGREE THEY MAY NOT BE ABLE TO PURCHASE ANY AND ALL OF PUBLISHERS’ CONTENT DISPLAYED ON THE WEBSITE AT A GIVEN DATE. IN PARTICULAR PUBLISHERS MAY IMPOSE PUBLISHERS’ CONDITIONS HAVING THE EFFECT OF EXCLUDING THE DISTRIBUTION OF THEIR PUBLISHER’S CONTENT TO CERTAIN GEOGRAPHICAL AREAS. MOREOVER PUBLISHERS ARE ENTITLED TO MODIFY PUBLISHERS’ CONDITIONS AT ANY LATER DATE. CONSEQUENTLY, MOVIELOCKER OFFERS NO REPRESENTATION OR WARRANTY THAT A PARTICULAR PUBLISHERS’ CONTENT IS AVAILABLE TO USERS AND SHALL BEAR NO LIABILITY IN RELATION WITH THE FAILURE BY USERS TO ACCESS OR PURCHASE PUBLISHERS’ CONTENT.
  3. Limitation of Liability
    
YOU AGREE THAT MOVIELOCKER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGES OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGE IS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RESULTING FROM OR IN CONNECTION WITH THE CONTENT OF THE WEBSITE, INCLUDING THE PUBLISHER’S CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ERRORS OR INACURRACIES IN SUCH CONTENT, DELAYS, INTERRUPTIONS, FAILURE, POOR QUALITY OR LIMITATIONS OF ANY KIND IN ITS DELIVERY OR IN THE PERFORMANCE OF SERVICES OFFERED ON THE WEBSITE, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF MOVIELOCKER’S SECURE SERVERS AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MOVIELOCKER’S PLATFORM, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MOVIELOCKER’S PLATFORM BY ANY THIRD PARTY, AND/OR 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 SUBMITTED, UPLOADED, EMAILED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. 
YOU SPECIFICALLY ACKNOWLEDGE THAT MOVIELOCKER SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND UPLOADS, NOR FOR ANY CONDUCT OF ANY THIRD PARTY THAT OCCURS IN VIOLATION OF THE PRESENT TERMS OF USE AND/OR THE APPLICABLE LAWS AND REGULATIONS. 
YOU ALSO ACKNOWLEDGE HEREBY THAT YOU BEAR THE ENTIRE RISK OF ANY HARM OR DAMAGE RESULTING FROM OR IN CONNECTION WITH THE FOREGOING. 
The Website is managed and offered by Movielocker from its corporate headquarters in Boncourt, Switzerland. Movielocker makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so under their own responsibility and are responsible for compliance with locally applicable laws.

IX. INDEMNIFICATION

You agree to defend, indemnify and hold Movielocker, its parent corporation, officers, directors, employees and agents harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, costs or debt, interest, award, judgment, diminution in value, fine, fee (including attorneys’ fees), and penalty, or other charge (including but not limited to attorneys’ fees) arising from or relating to (i) Your Content, (ii) your violation of the present Terms of Use or any other policy of Movielocker; (iii) more generally Your use of the Website; and (iv) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights. Or any claim that Your Content caused damage to a third party. This defense and indemnification will survive the present Terms of Use and Your use of the Website.

X. MISCELLANEOUS

Users, Publishers and Movielocker are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the present Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by Users or Publishers does not waive Movielocker’s right to act with respect to subsequent or similar breaches. Movielocker shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Movielocker’s reasonable control.

Movielocker reserves the right to takes all steps Movielocker deems necessary or appropriate to enforce and/or verify compliance with any part of the present Terms of Use. Movielocker has the right, without liability to you, to disclose any of Your data to law enforcement authorities, government officials, and/or a third party, as Movielocker believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the present Terms of Use.

The present Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Movielocker without restriction.

XI. GOVERNING LAW AND JURISDICTION

The present Terms of Use shall be governed, interpreted and construed by, under and pursuant to the substantive laws of Switzerland, without reference to its conflict of laws.

You agree that any dispute, controversy or claim arising out of or in relation to the present Terms of Use, including the validity, invalidity, breach or termination thereof, shall be decided exclusively by the ordinary courts of canton Jura, Switzerland.

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