Last Updated September 3, 2020

Cinescura, Inc. dba MoviePrepper (MoviePrepper or “we”, “our” or “us”) operates the MoviePrepper.com website (the website and all content, features, and materials thereon, shall hereinafter be collectively referred to as the “Platform”).

These Terms of Use include our policy for acceptable use of the Platform. These Terms of Use also incorporate, by this reference, our Privacy Policy which explains how we collect and use your and information and data. The Terms of Use and Privacy Policy collectively shall be referred to as the “Agreement” and govern your rights, obligations and restrictions regarding your use of the Platform.

By using the Platform, you agree to be bound by this Agreement.

In order to participate in certain services on the Platform, you may be notified that you are required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference but such additional terms shall control solely for the applicable service.

We may modify this Agreement from time to time and such modification shall be effective upon posting on the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Platform immediately.

Provision of the Platform.

You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Platform. You acknowledge and agree that MoviePrepper may make changes to the Platform at any time without notifying you in advance.

Termination of Service.

MoviePrepper reserves the right to deny access to the Platform to any person or entity at MoviePrepper‘s sole and absolute discretion. You acknowledge and agree that MoviePrepper may stop providing the Platform or restrict your use of the Platform at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this Terms of Use or if MoviePrepper suspects that you have used any aspect of the Platform to conduct any fraudulent or illegal activity. If MoviePrepper disables your access to your account, you may be prevented from accessing the Platform, your account details or any materials contained in your account.

Accounts and Security.

To access the Platform, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Platform. You agree that any registration information that you submit to MoviePrepper will be correct, accurate and up to date.

You agree to pay all applicable fees and taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. MoviePrepper may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of this Terms of Use or posting such changes elsewhere on the Platform. If there is a dispute regarding your payment of fees, or the Platform, MoviePrepper shall have the right to terminate your account without prior notice.
You acknowledge and agree that any applicable fees and other charges are non-refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges.

Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password and any intellectual property, data, media, project details, contact details, or any other content you have uploaded to the Platform. You agree to notify MoviePrepper immediately if you become aware of any unauthorized use of your password or of your account.

Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

You have the right to cancel your account at any time. You may cancel your account by following the cancel instructions available on the Platform. Once you cancel your account, your personal information will no longer be viewable by other users. However, content previously shared with other users may remain viewable by those users until they delete such content.

MoviePrepper may at any time terminate your account if:

a. MoviePrepper determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to MoviePrepper;

b. MoviePrepper determines it is required by law to terminate your account;

c. MoviePrepper decides to stop providing the Platform or critical portions of the Platform; or

d. At MoviePrepper sole and absolute discretion.

If you voluntarily terminate your account or allow your account to lapse, you may reactivate that account at any time by logging in using your email address to reactivate the account. Accounts terminated by MoviePrepper for any type of abuse including, without limitation, a violation of this Terms of Use, may not be reactivated for any reason.

Use Requirements.

Subject to the terms and conditions of this Terms of Use, MoviePrepper hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Platform, which may only be used in connection with the Platform and in accordance with this Terms of Use and any rules, restrictions or documentation set forth by MoviePrepper from time to time.

You acknowledge that you may only use the Platform in connection with the Platform provided through the Platform in accordance with this Agreement. The requirements hereunder and this Agreement may change as the Platform evolve.

Restrictions and Conditions of Use.

MoviePrepper permits you to view and use the Platform solely for your personal use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Platform. MoviePrepper reserves the right to add or remove information, content or Services from the Platform at any time at its sole discretion.

You agree not to access, or attempt to access, the Platform by any means other than through the user interface provided through the Platform provided by MoviePrepper. You specifically agree not to access, or attempt to access, the Platform through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).

You agree that you will not, in connection with your use of the Platform, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Platform any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

You may not connect to or use the Platform in any way that is not expressly permitted by this Terms of Use.

You may not: (i) remove any proprietary notices from the Platform; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of MoviePrepper; or (iv) make any false, misleading or deceptive statement or representation regarding MoviePrepper and the Platform.

Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform (or any servers, systems or networks connected to the Platform) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Platform or any other person’s or entity’s use of the Platform (or any servers, systems or networks connected to the Platform); (ii) attempt to gain unauthorized access to the Platform, the Service, accounts registered to other users, or any servers, systems or networks connected to the Platform; (iii) use the Platform for any commercial purpose unless consistent with this Terms of Use and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Platform, unless you are specifically authorized to do so in a separate written agreement with MoviePrepper; (iv) use the Platform to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Platform to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Platform to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.

Without limiting the foregoing, you agree that you will not use the Platform for any other unlawful, prohibited, abnormal or unusual activity as determined by MoviePrepper in its sole discretion.

You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Platform.

You acknowledge and agree that you are solely responsible, and MoviePrepper has no responsibility or liability to you or any other person or entity, for any breach by you of this Terms of Use or for the consequences of any such breach. MoviePrepper may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions or any other terms of this Terms of Use.

Links.

The Platform may contain links to websites operated by other parties. MoviePrepper provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of MoviePrepper and MoviePrepper is not responsible for the content available on the other websites. Such links do not imply MoviePrepper’s endorsement of information or material on any other website and MoviePrepper disclaims all liability with regard to your access to and use of such linked websites.

Unless otherwise set forth in a written agreement between you and MoviePrepper, you must adhere to MoviePrepper’s linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MoviePrepper’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MoviePrepper; and (c) when selected by a User, the link to the Platform must display the Platform on full-screen and not within a “frame” on the linking Platform. MoviePrepper reserves the right to revoke its consent to the link at any time and in its sole discretion.

Intellectual Property.

The MoviePrepper name and logo are trademarks and service marks of MoviePrepper. Unless permitted in a separate written agreement with MoviePrepper, you do not have the right to use any of MoviePrepper’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

You acknowledge and agree that MoviePrepper, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform are protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that MoviePrepper has designated as confidential and you agree not to disclose such information without MoviePrepper’s prior written consent.

MoviePrepper respects the intellectual property rights of others, and requires that people who use the Platform do the same.

Privacy Policy.

By accepting this Terms of Use or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to this Terms of Use. MoviePrepper may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Platform. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then current versions of the Terms of Use and Privacy Policy, which will be posted on the Platform.

Location.

The Platform are operated by MoviePrepper in the United States. If you choose to access the Platform from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.

Submitted Content.

MoviePrepper is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any content that you submit may be viewable by other users of the Platform. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that is (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner; (b) a falsehood or misrepresentation; (c) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (d) an advertisement or solicitation of business; or (e) impersonating another person. MoviePrepper may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of this Terms of Use. Further, MoviePrepper may in its sole discretion remove such content or terminate this Terms of Use and your access if you use any content that is in breach of this Terms of Use.

MoviePrepper does not claim ownership of any communications or materials you submit or make available through the Platform (“Submitted Content”) via email functions, chat functions, photo hosting, sharing or publishing or any other function on the Platform which allows you to post, upload, edit, host, share or publish content. With respect to such Submitted Content, you grant MoviePrepper a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of such Submitted Content in connection with the Service and MoviePrepper’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any Submitted Content at any time; however, you acknowledge and agree, that MoviePrepper may still have access to such Submitted Content and that the above licenses granted by you to MoviePrepper will remain in effect despite your removal of such Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section.

You acknowledge and agree that: (a) by using the Platform, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and MoviePrepper has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on the Platform; and (c) MoviePrepper is not responsible for any Submitted Content that you may have access to through your use of the Platform and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (i) MoviePrepper has no control over and is not responsible for the use of Submitted Content by a user, including any user that has uploaded such Submitted Content to such user’s personal device; and (ii) MoviePrepper may not be able to remove certain Submitted Content that is uploaded onto another user’s device. MoviePrepper does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

You acknowledge that MoviePrepper has the right to pre-screen any Submitted Content, but no obligation to do so. At MoviePrepper sole discretion, any Submitted Content may be included in the Service in whole or in part in a modified form. In addition, MoviePrepper and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that is available via the Platform that violates this Terms of Use or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.

You acknowledge that the Submitted Content is your sole responsibility. You are entirely responsible for the Submitted Content and agree, under no circumstances, will MoviePrepper be liable in any way for Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

Children.

The Platform are not directed toward children under 13 years of age, and MoviePrepper does not knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personal information about yourself to MoviePrepper.

Disclaimer of Warranties.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOVIEPREPPER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

MOVIEPREPPER MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM.

MOVIEPREPPER DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED; OR (e) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

Limitation of Liability; SOLE AND EXCLUSIVE REMEDY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOVIEPREPPER, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:

ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF MOVIEPREPPER OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MOVIEPREPPER OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of MoviePrepper and the Related Parties shall be limited to the fullest extent permitted by law.

Indemnification.

You agree to defend, indemnify and hold MoviePrepper and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of this Terms of Use or any other policies that MoviePrepper may issue for the Platform from time to time.

Governing Law; Jurisdiction.

This Terms of Use is governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and MoviePrepper agree that, except as otherwise provided, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to this Terms of Use or your use of the Platform and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, MoviePrepper shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

Binding Arbitration.

You and MoviePrepper agree that all disputes, controversies and claims related to this Terms of Use (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Terms of Use. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and MoviePrepper will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Terms of Use, (a) you and MoviePrepper may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

The arbitration will take place in Santa Monica, California, unless the parties agree to video, phone or internet connection appearances.

You and MoviePrepper agree that any arbitration shall be limited to the Claim between MoviePrepper and you individually. YOU AND MOVIEPREPPER AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

You and MoviePrepper agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of MoviePrepper’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

General.

This Terms of Use may only be revised in a writing signed by MoviePrepper, or published by MoviePrepper on the Platform.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MoviePrepper as a result of this Terms of Use or your use of the Platform.

MoviePrepper may assign its rights under this Terms of Use to any person or entity without your consent. The rights granted to you under this Terms of Use may not be assigned without MoviePrepper’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

If any part of this Terms of Use is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms of Use shall be given full force and effect.

In the event any litigation or arbitration is brought by either party in connection with this Terms of Use, except as otherwise provided, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

Our failure to enforce any provision of this Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by MoviePrepper of any provision, condition or requirement of this Terms of Use shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

All notices given by you or required under this Terms of Use shall be in writing and sent to app.movieprepper@gmail.com.

You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Software, the Platform, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

You acknowledge and agree that MoviePrepper would be irreparably damaged if the terms of this Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.

This Terms of Use, including the documents referenced in this Terms of Use, constitutes the entire agreement between you and MoviePrepper with respect to the Platform and supersedes any and all prior agreements between you and MoviePrepper relating to the Platform.