INTRODUCTION

Welcome to Moviemars.com ("Site"). This Site is provided by Movie Mars, Inc. (referred to throughout this Site as "Moviemars.com") as a service to our customers.  Please read these Terms of Use as they affect your legal rights and obligations.  These Terms of Use apply to your use of the Moviemars.com Site, regardless of whether accessed via computer, mobile device or otherwise.  Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use.  Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. Moviemars.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.

 

USE OF THIS SITE

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Moviemars.com does not knowingly collect personal information about children under the age of 13 without prior parental consent.  Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

 If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Moviemars.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

 Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Moviemars.com's endorsement, sponsorship or recommendation of the third party, its information, products or services. Moviemars.com is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

 

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an 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 Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Moviemars.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Moviemars.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

 

ORDER ACCEPTANCE

Please note that certain orders constitute improper use of Moviemars.com and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.  Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

 

PRICING AND CONTENT

While Moviemars.com strives to provide accurate pricing information, pricing or typographical errors may occur. Moviemars.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Moviemars.com shall have the right, at Moviemars.com's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Moviemars.com may, at Moviemars.com's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Moviemars.com attempts to be accurate in its product descriptions. However, Moviemars.com does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Moviemars.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

 

QUANTITY LIMITS AND DEALER SALES

Moviemars.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Moviemars.com and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Moviemars.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Moviemars.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.

 

COPYRIGHTS AND TRADEMARKS (INCLUDING DMCA NOTICE)

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Moviemars.com, one of its affiliates or by third parties who have licensed their materials to Moviemars.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Moviemars.com and is also protected by U.S. and international copyright laws.

Moviemars.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Moviemars.com's or any third party's intellectual property rights.

 The Moviemars.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Movie Mars, Inc.  All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

You may not use the Moviemars.com Site for any purpose or in any manner that infringes the rights of any third party.  Moviemars.com encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Moviemars.com has a designated agent for receiving notices of copyright infringement and Moviemars.com follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Moviemars.com’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 Moviemars.com copyright agent for notice of claims of copyright infringement on or regarding the Moviemars.com Site is Rose Yen, c/o Movie Mars, Inc., 1113 Technology Drive, Suite B Indian Trail, NC 28079.  NOTE: This contact information is for inquiries regarding potential copyright infringement only.

Other Intellectual Property. If you believe that any content on the Site violates your exclusive rights other than copyrights, please provide Moviemars.com at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Moviemars.com to the above copyright agent.

General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Moviemars.com will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.  Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.

Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Additionally, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

 

USER REVIEWS, FEEDBACK, SUBMISSIONS

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Moviemars.com on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Moviemars.com a royalty-free, irrevocable, transferable right and license to use the Comments however Moviemars.com desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

 Moviemars.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Moviemars.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

 Moviemars.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Moviemars.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Moviemars.com and its affiliates for all claims resulting from any Comments you submit. Moviemars.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

VIDEO, MOVIE, TELEVISION AND COMPUTER GAME RATINGS

Moviemars.com participates in the video and computer game industry's standardized rating system developed by the Entertainment Software Rating Board (ESRB), and also the Motion Picture Association of America (MPAA) ratings system. ESRB ratings are placed on game packaging and MPAA ratings are placed on movie and television show packaging to let you know the nature of the content and the ages for which the game or movie is appropriate. You can find this information on the item description page for the game or movie, and you can also learn more by going to the ESRB Ratings Guide or the Guide to Movie & TV Ratings posted on this site. Moviemars.com does not sell games rated "AO: Adult Only" or movies rated NC-17.  Games rated "M: Mature" and movies rated R are intended for mature audiences only and are noted as such on this site. By ordering any "M: Mature" rated game or certain "RP: Rating Pending" games, or an R rated movie or certain "NR: Not Rated" movies, you are certifying that you are at least 17 years of age.

 

INDEMNIFICATION

 You agree to defend, indemnify and hold harmless Moviemars.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

 

TERMINATION

These Terms of Use are effective unless and until terminated by either you or Moviemars.com. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Moviemars.com also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Moviemars.com's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Moviemars.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Comments," "Site Security," "Pricing and Content," "Quantity Limits and Dealer Sales," "Copyrights and Trademarks," " User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability," "Privacy" and "General."

 

DISCLAIMER

 THIS SITE IS PROVIDED BY MOVIEMARS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOVIEMARS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOVIEMARS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MOVIEMARS.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MOVIEMARS.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. MOVIEMARS.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY MOVIEMARS.COM.

 

LIMITATION OF LIABILITY

 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MOVIEMARS.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MOVIEMARS.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MOVIEMARS.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOVIEMARS.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

 

PRIVACY

We may ask you to provide personally identifiable information, which is information that identifies you as a specific individual, such as your name, phone number, e-mail address or payment information (collectively, “Personal Information”), and other information about you, such as demographic information (for example, your gender, age or similar information). Certain features may also collect information about your preferences and interests. If we combine demographic, preference-related or similar information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.

We and our third-party service providers may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with us or our content found elsewhere on the internet (“Usage Information”). Usage Information may include the browser and operating system you are using, the URL or advertisement that referred you to our Site or content, all of the areas within our Site that you visit, including items that you browse, the time of day, and the preceding page viewed, among other information.  We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Site and our services.  In addition, we automatically collect your IP address or other unique identifier (“Device Identifier”) for any computer, mobile phone or other device (any, a “Device”) you may use to access a Site. A Device Identifier is a number that is automatically assigned to your Device used to access a Site, and our servers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the Device used to access a Site. Usage Information is generally non-identifying, but if Moviemars.com associates it with you as a specific and identifiable person, Moviemars.com treats it as Personal Information. 

 Moviemars.com may receive information about you from third parties. For example, if you are on another web site and you agree to receive information from Moviemars.com, that web site will forward your contact and other information to us so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook applications or a similar application or feature on a third party web site) through which you post content or allow us to collect (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected.  In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third party web site, application or interactive service.

We also may verify or supplement the information we collect with outside records from third parties in order to provide you with information, services or goods you have requested, to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you.  We may combine the information we receive from those other sources with information we collect through the Moviemars.com Site. In those cases, we will apply this Privacy Policy to the combined information.

Moviemars.com may use information collected through the Moviemars.com Site, including your Personal Information, to: (1) allow you to participate in features we offer or to provide related customer service, including, without limitation, to respond to your questions, complaints or comments; (2) tailor content recommendations and offers we display to you; (3) process a rental or other transaction you initiate; (4)  provide you with information, products or services that you have requested or that we think may interest you; (5) process your registration, including verifying your e-mail address is active and valid; (6) improve the Moviemars.com Site or our services and for internal business purposes; (7) facilitate your job search via the Moviemars.com Site and prepare related governmental and internal statistics reports; (8) contact you with regard to your use of the Moviemars.com Site and, in our discretion, changes to the Moviemars.com policies; and (9) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.

 Moviemars.com may share non-personally identifiable information, such as aggregated user statistics or a Moviemars.com identification or transaction number, with third parties. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless you consent to such sharing at the time you provide your Personal Information. We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, as described in this Privacy Policy, and in the following circumstances: (a) you agree to receive information from third parties or otherwise request that we share your information; (b) we need to provide third party vendors with user information, including Personal Information,

to perform certain services on our behalf, such as hosting a Site, designing and operating a Site’s features, providing consumer affairs services, fulfilling and processing orders, assisting with promotions, tracking analytics, enabling Moviemars.com to send you e-mail, or performing other administrative services; (c) we are required to transmit user information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect and/or defend the Terms of Use or other policies applicable to a Site or our services or to protect the personal safety, rights, property or security of Moviemars.com or any individual.

Moviemars.com takes commercially reasonable steps to protect and secure Personal Information. However, no data transmission over the Internet, by wireless transmission or any electronic storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure or warrant the security of any information we collect, and you use the Moviemars.com Site and our services and provide us with your information at your own risk.

The Sites are operated in the United States and Moviemars.com operates its business in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Sites or our features or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

 

GENERAL

 These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Moviemars.com to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Moviemars.com's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under North Carolina without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of North Carolina and you consent to the exclusive personal jurisdiction of such courts.