Updated: September 2, 2020
Movies Anywhere, LLC ("Movies Anywhere", "we", "us" "our") welcomes you to the Movies Anywhere Service. The "Movies Anywhere Service" includes the Movies Anywhere website, application and associated content and services.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
List of Sections
- User Eligibility and Registration
- Copyright License Grant and Restrictions
- Usage Rules
- Digital Retailers
- Participating Studios
- Movies Anywhere-Compatible Devices, Technical Requirements, and Limitations
- Screen Pass Feature
- Watch Together with Movies Anywhere
- Use and Sharing of Certain Information
- Suspension and Termination
- General Provisions
1. USER ELIGIBILITY AND REGISTRATION
- Eligibility. Only legal residents of the United States, all U.S. territories, and the U.S. associated states of the Federated States of Micronesia and Palau (collectively, the "Territory") are eligible to register for a Movies Anywhere account, provided that the Movies Anywhere Service is subject to availability of Digital Retailers and Movies Anywhere Content in the Territory. The Movies Anywhere Service is provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not register for a Movies Anywhere account or use the Movies Anywhere Service. Individuals under the age of 13 are not eligible for a Movies Anywhere account.
- Notices. Any notices Movies Anywhere delivers to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Movies Anywhere Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. COPYRIGHT LICENSE GRANT AND RESTRICTION
- stream or download and install, the movies, trailers, bonus materials, images, artwork and other copyrightable materials (the "Content") that are available to you from the Movies Anywhere Service; and
- use the Movies Anywhere Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Movies Anywhere Service. The purchase of a license to stream or download any Movies Anywhere Content does not create an ownership interest in the licensed Content.
- Restrictions on Your Use of the Content. You may not and agree not to:
- circumvent or disable any content protection system or digital rights management technology used with the Movies Anywhere Service;
- create derivative works of the Content.
- Restrictions on Your Use of the Movies Anywhere Service. You may not and agree not to:
- move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Movies Anywhere Service;
- modify, including among other things, remove identification, copyright or other proprietary notices from the Content or the Movies Anywhere Service;
- access or use the Movies Anywhere Service in a manner that suggests an association with our products, services or brands;
- create derivative works of the Movies Anywhere Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Movies Anywhere Service (click here for open source notices);
- bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Movies Anywhere Service including, but not limited to, mechanisms that protect or limit use or access to the Movies Anywhere Service and Content;
- damage, disable, overburden or impair the Movies Anywhere Service;
- bundle Content or the Movies Anywhere Service for redistribution with other products or services;
- redeem an unauthorized, expired, invalid, or used digital code. For combination packs: By redeeming a digital code from a combination disc + code package (for example, a disc + code package that includes a DVD, Blu-ray, and/or 4K/UHD disc(s) and a digital code), you are representing that you, or a member of your family, obtained the code in an original combination disc + code package and the code was not purchased separately. Your representation is a condition of redemption and of your obtaining a license to access a digital copy of the movie; or
Any attempt to perform any of the restrictions listed in Sections 2(b) and 2(c) above is a violation of the rights of Movies Anywhere and its licensors. If you become involved in any violation of system security, Movies Anywhere reserves the right to, and you agree that Movies Anywhere may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
3. USAGE RULES
- Temporary Entitlements. A "Temporary Entitlement" is an Entitlement with a license to stream a select Movies Anywhere movie title and its resolution for a limited period of time. For clarity, a Temporary Entitlement will not become part of your My Movies collection.
- Streaming Movies Anywhere Content. Select Content can be streamed through the Movies Anywhere Service over an active Internet connection. The image quality will vary depending on the speed of your Internet connection, the device you use and the software currently installed on such device. Up to four (4) concurrent streams are allowed for each Movies Anywhere account at any time. Up to two (2) concurrent streams are allowed for the same Movies Anywhere-eligible movie for each Movies Anywhere account at any time.
- Downloading Movies Anywhere-Eligible Movies. Movies Anywhere Members may download Movies Anywhere-eligible movies to a maximum of eight (8) permitted Movies Anywhere-Compatible Devices (described further below in Section 6) for viewing. These downloads are in addition to downloads that may be permitted by Digital Retailers like Apple TV, Amazon Prime Video, Vudu, Google Play/YouTube, Microsoft Movies & TV, Xfinity, FandangoNOW, Verizon Fios TV and AT&T/DIRECTV. The number of times you can download a single Movies Anywhere-eligible movie through your Movies Anywhere account to a Movies Anywhere-Compatible Device associated with your Movies Anywhere account is unlimited, as long as you do not exceed the device limits described in Section 6. Please note that you must connect your Movies Anywhere-Compatible Device to the Internet and login to your Movies Anywhere account at least once every ninety (90) days for your downloaded movies to remain available for playback through your Movies Anywhere-Compatible Device.
- Access Controls. The Movies Anywhere Service provides Movies Anywhere Members with access controls to restrict certain functionality within the Movies Anywhere Service. You may enable access controls by creating profiles within your Movies Anywhere account and managing the ratings that each profile has access to, which will restrict playback of Movies Anywhere-eligible movies from within that profile by rating. There are currently five (5) levels of restricted ratings: G, PG, PG-13, R, and All. However, restricting access to a Movies Anywhere-eligible movie by rating does not restrict access to the bonus materials associated with that movie. Please note that profiles are set on a device-by-device basis. This means that any profile (and its associated access control) you set on one device will not automatically apply to your other devices. To apply that same access control on your other devices, you will need to independently select the profile with the desired access control on each of your devices.
- Future Unavailability. Subject to these Usage Rules, there is no limit to the number of times you can download or stream Movies Anywhere-eligible movies from your My Movies collection; however, it is possible that those movies may not be available for subsequent re-download or stream at any given time. Movies Anywhere will take reasonable efforts to provide you with as much prior notice as possible; however, Movies Anywhere shall have no liability to you in such event.
4. DIGITAL RETAILERS
- Connecting. Currently, Apple iTunes, Amazon Prime Video, Vudu, Google Play/YouTube, Microsoft Movies & TV, Xfinity, FandangoNOW, Verizon Fios TV and DIRECTV are "Digital Retailers" of the Movies Anywhere Service. Additional Digital Retailers may become available at any time, with or without notice. The total number of Digital Retailers may vary at any given time. If you have an account with a Digital Retailer, you may connect your Movies Anywhere account with your Digital Retailer account. Only one Movies Anywhere account can be connected with one account at each connected Digital Retailer at any one time. These accounts may be individually disconnected by you at any time. However, an individual Digital Retailer account to which a Movies Anywhere account is connected cannot be switched to a different account with such Digital Retailer more than once in any 180 day period. Connecting your Movies Anywhere account with your Digital Retailer account(s) will enable automatic Entitlement Sharing between Movies Anywhere and all connected Digital Retailer(s).
- Independent Rules. While on or using a Digital Retailer's website, application or service, you will be subject to that Digital Retailer's rules and restrictions including its privacy policies. Movies Anywhere assumes no responsibility or liability for any Digital Retailer or its websites, applications or services.
- Transactions. Currently Movies Anywhere does not directly handle transactions for any products. However, you may follow links within the Movies Anywhere Service to purchase products directly from a connected Digital Retailer. All such transactions are subject to applicable license terms and conditions and will be directly between you and the Digital Retailer. You should directly contact the Digital Retailer for any refunds or to resolve any problems with such transactions.
5. PARTICIPATING STUDIOS
Currently, Movies Anywhere brings you titles from The Walt Disney Studios (including Twentieth Century Film), Sony Pictures Entertainment Inc., Twentieth Century Fox Film Corp., Universal Pictures, and Warner Bros. Entertainment Inc. ("Participating Studios"). Additional Participating Studios may become available at any time, with or without notice. The total number of Participating Studios may vary at any given time. While accessing or using a Participating Studio's Content, website, application or service, you will be subject to that Participating Studio's rules and restrictions including its privacy policies. Movies Anywhere assumes no responsibility or liability for any Participating Studio or its websites, applications or services.
6. Movies Anywhere-COMPATIBLE DEVICES, TECHNICAL REQUIREMENTS AND LIMITATIONS
- Movies Anywhere-Compatible Devices. Use of the Movies Anywhere Service requires compatible devices and certain software, may require periodic updates, and may be affected by the performance of these elements. You can access Movies Anywhere Content with almost any Internet-connected computer or through the Movies Anywhere application available for certain mobile devices (Internet connection required) (each, a "Movies Anywhere-Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please check Movies Anywhere Help Center.
- Adding Movies Anywhere-Compatible Devices; Limitations. You can add a Movies Anywhere-Compatible Device to your Movies Anywhere account by downloading the Movies Anywhere application to the Movies Anywhere-Compatible Device and by signing into your Movies Anywhere account through the Movies Anywhere application. Please note that you may download Movies Anywhere-eligible movies to a maximum of eight (8) different Movies Anywhere-Compatible Devices at any one time. You will not be permitted to download to an additional device once the maximum of eight (8) Movies Anywhere-Compatible Devices has been reached. In addition, you may download Movies Anywhere-eligible movies to a maximum of sixteen (16) different Movies Anywhere-Compatible Devices within a rolling twelve (12) month period. You may remove or switch any of your eight (8) unique Movies Anywhere-Compatible Devices up to the sixteen (16) different unique devices permitted within a rolling twelve (12) month period.
- Fees and Internet Connection. You are solely responsible for determining and paying any third-party fees, charges or taxes in connection with your use of the Movies Anywhere Service including, without limitation, those imposed by any Internet service provider, carrier or governmental entity. You must have a high speed Internet connection in order to access and use certain aspects of the Movies Anywhere Service.
7. SCREEN PASS FEATURE
- Description. The Screen Pass feature enables eligible Movies Anywhere Members to send to another person a pass for a Temporary Entitlement that allows access to a Screen Pass-eligible movie for a limited period of time at no additional cost. Sending a Screen Pass to someone does not limit the sender’s ability to watch that same movie. Screen Pass availability is subject to change at any time, with or without notice.
- Eligibility to Send a Screen Pass. To be eligible to send a Screen Pass, and to remain eligible, a Movies Anywhere Member must purchase a Movies Anywhere-eligible movie from a connected Digital Retailer or redeem a non-promotional digital code every six (6) months. Each eligible Movies Anywhere Member will earn three (3) passes to send each month. Unused passes will expire at the end of each month and will not roll over month-to-month. A Screen Pass may be canceled at any time during the month it was sent, as long as it has not been accepted. If a Screen Pass is canceled or if a Screen Pass is not accepted within seven (7) days of being sent, the Screen Pass will be returned to the sender and will expire at the end of the current month if not resent. Screen Pass-eligible movies are subject to change without notice.
- Eligibility to Accept a Screen Pass. To accept a Screen Pass, the recipient must register with Movies Anywhere (pursuant to the terms set forth in Section 1 above). A Movies Anywhere Member can accept three (3) passes without doing anything further. To be eligible to accept an additional Screen Pass, a Movies Anywhere Member must purchase a Movies Anywhere-eligible movie from a connected Digital Retailer or redeem a non-promotional digital code every six (6) months. Once a Screen Pass is received, it must be accepted within seven (7) days. Once accepted, the Screen Pass-eligible movie must be started within fourteen (14) days, and finished within seventy-two (72) hours once started. A Screen Pass-eligible movie may only be watched exclusively on the Movies Anywhere application or website and supported devices.
8. WATCH TOGETHER WITH MOVIES ANYWHERE
- Description. Watch Together with Movies Anywhere allows eligible Movies Anywhere Members to engage in synced viewing of a movie with each other. Availability to Watch Together with Movies Anywhere and/or movies available to Watch Together are subject to change at any time without notice.
- Eligibility to Watch Together. To be eligible to Watch Together, each Movies Anywhere Member must have the same movie in their own Movies Anywhere collection or accept a Screen Pass for the movie. Only two Movies Anywhere Members in a viewing session may have access to the same Movies Anywhere account. The profile rating for each Movies Anywhere Member must be set to PG-13 or higher to be eligible to Watch Together. Movies Anywhere Members with a profile rating set to PG or G will not have access to Watch Together. Eligible Movies Anywhere Members are able to Watch Together exclusively on the Movies Anywhere application or website and supported devices. The movie cannot be downloaded to Watch Together—it must be simultaneously streamed to all Movies Anywhere Members in a viewing session.
9. USE AND SHARING OF CERTAIN INFORMATION
10. SUSPENSION AND TERMINATION
ON TERMINATION OF YOUR Movies Anywhere ACCOUNT, WHETHER TERMINATED BY Movies Anywhere OR AT YOUR REQUEST, YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS STREAMED CONTENT THROUGH THE Movies Anywhere SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW Movies Anywhere-ELIGIBLE MOVIES DOWNLOADED WITHIN THE Movies Anywhere SERVICE.
11. GENERAL PROVISIONS
- License.You understand and agree that the Content you receive through the Movies Anywhere Service is licensed to you for your personal, noncommercial use and is intended for informational and entertainment purposes only. The Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. Such Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Content, are owned by Movies Anywhere, its affiliates, Participating Studios and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Movies Anywhere does not transfer any ownership, title, right or interest to or in the Content to you. Except as we specifically agree in writing, no element of the Movies Anywhere Service may be used or exploited in any way other than as part of the Movies Anywhere Service offered to you. We do not transfer ownership, title, right or interest to or in any portion of the Movies Anywhere Service to you.
- Unavailability. The Movies Anywhere Service may not be available: (i) during any maintenance or update periods, any power or server outages; (ii) as a result of war, riots, strikes, social unrest; or (iii) as a result of other matters beyond the control of us or third parties.
- Additional Restrictions on Use of the Movies Anywhere Service. We do not allow uses of the Movies Anywhere Service that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component into, or otherwise tamper with, impair or damage the Movies Anywhere Service or connected network, or interfere with any person's use or enjoyment of the Movies Anywhere Service. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Movies Anywhere Service using a robot, spider, scraper or other automated means or manual process without our express written permission.
- Mobile Networks. When you access the Movies Anywhere Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Movies Anywhere Service may be prohibited or restricted by your network provider and the Movies Anywhere Service may not work with your network provider or device.
- User Generated Content.
- Submission. The Movies Anywhere Service may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content ("User Generated Content"), which may be accessible and viewable by you and/or the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
- License. We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Movies Anywhere Service and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
- Representation. You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
- Right to Modify. We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Movies Anywhere Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
- Competitions. Competitions that you enter on the Movies Anywhere Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
- Entries. Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified. We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
- Eligibility. To enter a competition, you must be a registered user of the Movies Anywhere Service and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian's consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
- Prizes. No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms. Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
- Submissions and Unsolicited Ideas Policies.
- Submissions. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
- Ownership. In the event we provide you with an opportunity to submit comments, suggestions, or other feedback regarding your use of the Movies Anywhere Service, you acknowledge that Movies Anywhere owns any feedback provided, and you hereby grant to Movies Anywhere, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any product or service at any time at the sole discretion of Movies Anywhere.
- Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
TWDC Designated Agent
The Walt Disney Company
500 South Buena Vista Street
Burbank, California 91521, USA
Phone: +1 818-560-1000
Fax: +1 818-560-4299
We are only able to accept notices in the English language.
We will respond expeditiously to claims of copyright infringement committed using the Movies Anywhere Service that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") or, as applicable, other laws. With respect to the Movies Anywhere Service hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.
- Contact Information. You may contact Movies Anywhere as follows:
By phone at: 1-833-466-8438
By email at: firstname.lastname@example.org
- DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AND MOVIES ANYWHERE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIES ANYWHERE, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND PARTICIPATING STUDIOS AND THE PARTICIPATING STUDIOS' RESPECTIVE AFFILIATES (COLLECTIVELY, THE "MOVIES ANYWHERE PARTIES") EACH EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE MOVIES ANYWHERE PARTIES DO NOT WARRANT THAT THE CONTENT AND THE MOVIES ANYWHERE SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE MOVIES ANYWHERE PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT AND THE MOVIES ANYWHERE SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE MOVIES ANYWHERE PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE MOVIES ANYWHERE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE MOVIES ANYWHERE PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE CONTENT OR THE MOVIES ANYWHERE SERVICE, HOWEVER CAUSED. NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. THE LIABILITY LIMITATIONS IN THIS SECTION 11(K) APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF THE MOVIES ANYWHERE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MOVIES ANYWHERE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID ANY DIGITAL RETAILER FOR ANY MOVIE THAT BECOMES PART OF YOUR MY MOVIES COLLECTION.
- Binding Arbitration and Class Action Waiver.
- Arbitration of Disputes. You and Movies Anywhere agree to arbitrate all disputes between you and the Movies Anywhere Parties, except for disputes relating to the enforcement of the intellectual property rights of the Movies Anywhere Parties. "Dispute" includes any dispute, action or other controversy between you and us concerning the Movies Anywhere Service or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Movies Anywhere empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable.
- Notice. In the event of a dispute, you or Movies Anywhere must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Movies Anywhere, 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Movies Anywhere Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Movies Anywhere will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
- Non-resolution. If you and Movies Anywhere do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
- Venue. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the borough of Manhattan, New York, New York, United States of America, and you and Movies Anywhere agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- No Class Action. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor the Movies Anywhere Parties will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
- Choice of Forum. You agree that any action at law or in equity arising out of or relating to these Movies Anywhere Terms that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
- Choice of Law These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
- Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.