Terms of Use

Last modified: 03 March 2016

mallofamerica.com
nickelodeonuniverse.com
theatresmoa.com

Terms of Use

  1. Introduction

MOAC Mall Holdings LLC (for mallofamerica.com), CanAm Theatres MOA (for theatresmoa.com), LLC and MOA Entertainment Company LLC (for nickelodeonuniverse.com) (“MOA” shall mean any of the foregoing entities) are pleased to make their respective websites (each a “Website”) available for your use and benefit.  These Terms of Use (the “Terms of Use”) govern your use of the Websites, software applications and other sites on which these Terms of Use are posted (each a “Site”).  By using the Sites you agree to be bound by these Terms of Use as set forth below.  Use of the Site is strictly voluntary.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

  1. Contract between You and MOA

These Terms of Use set forth the duties and responsibilities associated your use of a Site and are a contract me you and the MOA entity operating the Site.  If you do not agree to these Terms of Use, you must immediately log off the Site and you may not use the Site.  If you breach any portion of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

These Terms of Use describe the limited basis on which the Sites are available and supersede prior agreements or arrangements on your use of the Sites.  Otherwise, these Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with MOA.

  1. Collection of Visitor Information on the Sites

Any information collected at the Sites is governed by our Privacy Policy, unless otherwise stated.  To access and use certain services available through the Sites, you may be required to register with MOA through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

  1. Copyright

All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of MOA or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws.  The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of MOA and protected by U.S. and international copyright laws. MOA grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited without written permission from MOA.

  1. Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of MOA and others.  Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the owner of the Trademark.  Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.

  1. Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including, without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of MOA.  Any use of these rights without the prior written permission of MOA is strictly prohibited without written permission from MOA.

You may not: circumvent or disable any content protection system or digital rights management technology used with any portion of the Sites; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Sites to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Sites in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.  You may not access or use any portion of the Sites in violation of United States export control and economic sanctions requirements or any other law.

  1. Accuracy

Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, tenants, locations, descriptions, information and other matters.  MOA reserves the right to correct any errors, inaccuracies or omissions and to discontinue, change or update information at any time without prior notice.

  1. Disclaimer of Warranties

THE SITE AND ALL CONTENT, materials, PRODUCTS and services available through THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  MOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  MOA MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.  MOA MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.

  1. Limitation of Liability

IN NO EVENT SHALL EITHER MOA, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. 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.

Under no circumstances whatsoever shall MOA’s aggregate liability resulting from or relating to your use of a Site exceed Five Dollars ($5.00).

  1. Prohibited Activities and Visitor Obligations

As a visitor or user of a Site you shall not:

  • Violate any applicable law or regulation;
  • Upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
  • Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • Engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Use the Sites to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • Interfere with or otherwise limit the use of a Site by other users, or collect, compile, or store personal information about other users of a Site;
  • Disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a Site or any affiliated or linked sites;
  • Disrupt or interfere with the security of, or otherwise cause harm to, a Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a Site or any affiliated or linked sites;
  • Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on a Site or the content contained therein without MOA’s prior, express, and written permission; or
  • Use a Site for commercial purposes.
  1. User Content

You agree that you are solely responsible for the Post of any content that you make available on or send through a Site (“User Content”).  In addition to the rights granted to MOA elsewhere in these Terms of Use, you grant MOA a non-exclusive, sublicensable, irrevocable, perpetual 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 Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Sites 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.

Although MOA has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, MOA reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by MOA in its sole discretion.  You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to a Site, you represent and warrant that: (a) the User Content is non-confidential and is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Site and to grant the rights to MOA you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.  You agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our Affiliates (as defined in MOA’s Privacy Policy, 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.

  1. Indemnification

You agree to indemnify, defend, and hold MOA and its Affiliates, agents, and its and their successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that MOA incurs or suffers which relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

  1. Links to Other Web Sites

The Sites may contain links to other websites.  Additionally, other websites may contain links to the Sites. MOA does not review or monitor the websites linked to the Sites and MOA is not responsible for the content or policies of any other websites.  Any link established by MOA does not constitute an endorsement of the other websites or create a relationship between MOA and the operators of other web sites.  MOA disclaims any liability with respect to your use of any other website, and you release MOA from any liability related to your use of any link to another website or your use of any other website.  Where a Site contains a link to another web site owned and/or operated by MOA, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.

  1. Changes to Terms of Use

MOA may revise these Terms of Use at any time without notice.  Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that MOA shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

  1. Continued Operation, Accessibility, and Maintenance of the Sites

MOA may modify, change, suspend, terminate or discontinue the operation of the Sites or the provision of any services without notice and MOA reserves the right to refuse service to anyone at any time, with or without cause.

  1. Third Party Providers of Functionality on the Sites

MOA may have functionality on a Site that is provided, in whole or in part, by a third party service provider.  You can usually identify such third party functionality by the use of a trademark not owned by MOA on or near the functionality.  For such third party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web site and locate the terms of use and privacy policy.  Your review should include determining whether such terms and policy are acceptable to you.  If they are not, do not use the associated functionality on our Sites.

  1. Web Chat

MOA may provide functionality on a Site that allows you to chat with MOA representatives via our Site (“Web Chat”).  The Web Chat functionality may be provided, in whole or in part, by a third party service provider.  Your Web Chat with MOA shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of MOA.  You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.

  1. Your Account

If you are a registered user of a Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password, including taking reasonable steps to maintain the confidentiality of your username and password.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or any portion of the Site.  MOA reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

  1. Payment

You authorize MOA and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of a Sites. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name.  Unless otherwise specified, any amounts paid to MOA are nonrefundable.

  1. General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by MOA to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota USA without giving effect to any principles or conflicts of laws.  For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with MOA, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.

You are responsible for compliance with applicable laws.

  1. Submissions

Any and all questions, comments, ideas, suggestions, and other materials or information that you send or submit to MOA or a third party provider on a Site, by a Post or otherwise (collectively, “Submissions”), shall become MOA’s property; and you hereby transfer, sell, and assign to MOA all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights.  To the extent the preceding assignment and transfer is ineffective, you hereby grant MOA an ‎exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right ‎to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly ‎display and publicly perform such Submission throughout the universe in any media, now known or ‎hereafter devised. ‎You agree that all Submissions, whether or not solicited by us, 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.  MOA shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

  1. Contact

For questions or comments related to the Sites or these Terms of Use, please email us at privacy@mallofamerica.com.