IMDb iPhone Application License Agreement and Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE INSTALLING THE IMDB.COM IPHONE APPLICATION. THIS IS AN AGREEMENT BETWEEN YOU AND IMDB.COM, INC. (WITH ITS AFFILIATES, "IMDB" OR "WE") RELATING TO THE IMDB.COM IPHONE APPLICATION (TOGETHER WITH ANY UPDATES AND ENHANCEMENTS TO IT, THE “APPLICATION”) THAT WE MAKE AVAILABLE TO YOU FOR ACCESSING IMDB CONTENT AND OTHER SERVICES (THE “SERVICES”) ON YOUR IPHONE OR IPOD TOUCH (EACH, A “DEVICE”). WE ARE SOLELY RESPONSIBLE FOR THE APPLICATION. YOUR USE OF THE APPLICATION IS SUBJECT TO THE IMDB.COM PRIVACY NOTICE AND THE IMDB.COM CONDITIONS OF USE (COLLECTIVELY, THE “IMDB SITE TERMS”), AND AS SUCH, THE APPLICATION WILL BE DEEMED TO BE PART OF “IMDB.COM” OR THE “SITE” FOR PURPOSES OF APPLYING THE IMDB SITE TERMS TO YOUR USE OF THE APPLICATION. IN ADDITION TO THESE TERMS OF USE, PLEASE READ ALL RULES, POLICIES AND TERMS RELATED TO THOSE SERVICES YOU ARE USING THROUGH THE APPLICATION, AND THE IMDB SITE TERMS (COLLECTIVELY, THESE "TERMS OF USE"). IF YOU USE THE APPLICATION, YOU WILL BE BOUND BY THESE TERMS OF USE.

1. Use of the Application. Subject to these Terms of Use, we hereby grant you a personal, limited, nonexclusive, nontransferable, nonsublicenseable license to install and use the Application on your Device. You may use the Application only in connection with the Services and as permitted by the “Usage Rules” set forth in the Application Store Terms and Conditions. You may not: (a) separate any individual component of the Application for use other than in connection with the Services provided through it; (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs; (c) transfer it for use with another service; (d) use it, or any portion of it, over a network; or (e) sell, rent, lease, lend, loan, distribute or sub-license the Application or otherwise assign any rights to the Application in whole or in part.
2. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Application, whether in whole or in part, or create any derivative works from or of the Application.
3. Updates. In order to keep the Application up-to-date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
4. Export Regulations. You will comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Application, and not to transfer, or encourage, assist, or authorize the transfer of the Application to a prohibited country or otherwise in violation of any applicable restrictions or regulations.
5. Government End Users. The Application is a “Commercial Item” as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as the terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with these provisions, the Application is licensed to U.S. Government end users (a) only as a Commercial Item, and (b) with only those rights as are granted to all other end users pursuant to these Terms of Use. Unpublished-rights reserved under U.S. copyright laws.
6. No Illegal Use and Reservation of Rights. You may not use the Application or the Service for any illegal purpose. The Application is the intellectual property of IMDb and its licensors. The structure, organization, and code of the Application are valuable trade secrets and confidential information of IMDb. The Application is protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in these Terms of Use, all right, title and interest in the Application and the Services are reserved and retained by us and our licensors. You do not acquire any intellectual property or other rights in the Application as a result of downloading the Application.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS DELIVERED TO YOU AS IS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IMDB AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IMDB OR AN AUTHORIZED REPRESENTATIVE OF IMDB WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER IMDB NOR ITS LICENSORS WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APPLICATION, EVEN IF IMDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, IMDB’S AGGREGATE LIABILITY UNDER THE AGREEMENT WILL BE LIMITED TO $50.00. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
9. Indemnification. You will defend, indemnify, and hold harmless IMDb and its licensors, officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your use of the Application, violation of the Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.
10. Use of Third Party Services. When you use the Application or the Services, you may also be using the services of one or more third parties, such as a wireless telecommunications provider, (collectively and individually, "Third Party Services"), and you acknowledge that your use of those Third Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. You agree that any Third Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third Party Services.
11. Changes to the Service. We may modify, suspend, discontinue, or terminate your right to use part or all of the Application or the Services at any time without notice to you, and in that event we may modify the Application to make it inoperable. IMDb will not be liable to you should it exercise those rights.
12. Termination. You may terminate these Terms of Use at any time by uninstalling or destroying all copies of the Application that are in your possession or control. Your rights under these Terms of Use will automatically terminate without notice from us if you fail to comply with any of its terms. In the case of termination, you must cease all use and destroy all copies of the Application, and we may immediately revoke your access to the Services without notice to you. We may also terminate your right to use the Application at any time and if we do so, we may modify the Application to make it inoperable. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights.
13. Amendment. We may amend any of these Terms of Use at our sole discretion by posting the revised terms on the IMDb.com (or other IMDb) website or within the Application. Your continued use of the Service or the Application after any amendment's effective date evidences your agreement to be bound by it.
14. Conflicts. The terms of these Terms of Use govern the Application and any updates or upgrades to the Application that we may provide that replace or supplement the original Application, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. If we provide specific terms of use for a particular Service and there is a conflict between the specific terms of use for the particular Service and these Terms of Use, the specific terms of use for the particular Service will govern.
15. Additional Apple Terms. As between IMDb and Apple, Inc., to the extent that: (a) we elect to maintain or support the Application, we will be responsible for the maintenance and support; (b) we are required to address any claims related to your or a third party’s use or possession of the Application, we will be responsible for addressing, investigating, or defending the claim; and (c) we have not effectively disclaimed any warranties relating to the Application, we will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Application fails to conform to any warranty. If the Application fails to conform to any applicable warranty, you may notify Apple Inc. for a refund of the purchase price of the Application, if any. Apple Inc. will not have any other warranty obligations whatsoever with respect to the Application. Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use and that upon your acceptance of these Terms of Use, Apple Inc. and its subsidiaries may enforce these Terms of Use against you as a third party beneficiary of these Terms of Use.
16. Contact Information. For communications concerning these Terms of Use, please write to IMDb.com, Attn: Legal Department, 1200 12th Avenue South, Suite 1200, Seattle, WA, 98144-2734.