Mill Creek Entertainment Terms of Use

(Effective as of June 1, 2016)

Welcome to the Mill Creek Entertainment website (the "Site"). The following Terms of Use apply when you view or use our Site located at MillCreekEnt.com. Please review the following terms carefully. By accessing or using the Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

PRIVACY POLICY

Mill Creek Entertainment (the "Company") respects the privacy of its Site users. Please refer to the Company's Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to our Privacy Policy.

ABOUT THE SITE

The Mill Creek Entertainment website (watch.millcreekent.com) (the "Site") offers streaming-only access rights to the best in nostalgic entertainment (the "Content") with a wide array of classic movies, retro TV shows and fascinating documentary collections, all available at an incredible value! Users can license streaming-only access rights to individual films, curated collections of nostalgic films in a variety of genres and full-length documentaries that have never before been available in their entirety.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

STREAMING IN AUTHORIZED COUNTRIES ONLY

Streaming rights may not be available in all countries. Please check the Site for details on a program by program basis. Mill Creek Entertainment will use technological measures to ensure compliance with geographic restrictions.

END USERS ONLY

The Content is for use by end user customers only. Parties other than end users are not authorized to use the Content. You agree that any Content licensed by you through the Site may not be further distributed by you on a commercial basis.

REFUND POLICY

All payments are final unless otherwise specified. Mill Creek Entertainment will make commercially reasonable efforts to abide by its refund policy as posted on the Site at the time of sale.

CANCELLATIONS

If you subscribe to a service provided by Mill Creek Entertainment, you may cancel your subscription at any time. If you have already paid for a billing period, Mill Creek Entertainment may, at its sole discretion, block your access to the service to which you have canceled your subscription after the end of the billing period that you have already paid for. If you have not yet paid for a service (e.g., are in a trial period), but have canceled your subscription to that service, then Mill Creek Entertainment may, at its sole discretion, block your access to the service to which you subscribed either immediately or at the end of any trial period. Mill Creek Entertainment is not obligated to provide refunds, or partial refunds, for any billing period after that period begins. For the purposes of this clause, "blocking your access" may involve deactivating your login ID, or any other reasonable means intended to prevent access to any service to which you are no longer subscribed to and/or have not paid for.

Should you decide to cancel your subscription to a service provided by Mill Creek Entertainment, it is your responsibility to initiate such cancellation by using the Site or an appropriate payment processor, such as PayPal, to initiate the cancellation of your subscription. Mill Creek Entertainment is not obligated to cancel your subscription in response to phone calls, emails, or other correspondence.

PAYMENT METHODS

Mill Creek Entertainment accepts credit cards as payment. Mill Creek Entertainment obtains a pre-approval from the credit card company for the amount of the order. Mill Creek Entertainment may accept one or more of the following credit cards: Visa, MasterCard, American Express, Discover (in some but not all cases, debit or check cards labeled as Visa or MasterCard may be accepted). Mill Creek Entertainment may also accept PayPal payments.

DEBIT CARD SPENDING LIMITS

Debit cards and check cards have daily spending limits that may prevent the processing of your order.

BILLING

Mill Creek Entertainment may bill you for purchases in a variety of ways. You may have one order that authorizes and bills as a single purchase for all items that you purchase in a single on-line shopping cart. For subscriptions, Mill Creek Entertainment will charge the credit card you enter based at regular intervals in accordance with the terms published for each specific subscription offering that you subscribe to. Mill Creek Entertainment may authorize a payment on your credit card when you order Content, but may not bill you bill you until a later time.

PRICES

Your total price will include the price of the Content plus any applicable sales tax. Mill Creek Entertainment reserves the right to change prices for Content. Mill Creek Entertainment does not provide price protection or refunds in the event of a price drop or promotional offering.

FOR ASSISTANCE

For assistance with billing questions or other order inquiries, please refer to the help pages provided on the Site.

CONTENT USAGE RULES

Your obligations are simple: Don't violate copyright laws, or any other similar laws that apply to you. For the removal of all doubt, no sale, rental and/or download of Content includes any public performance rights. The Content you get from Mill Creek Entertainment is for personal, non-commercial use. The delivery of Content does not transfer to you any commercial or promotional rights. Mill Creek Entertainment reserves the right in its sole discretion and without any notice or liability to the User, to restrict, suspend, or terminate access to Content at any time, for any reason; provided that Mill Creek Entertainment shall use best efforts to substitute similar Content for any Content that has been removed.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to post your content ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Site at its sole discretion, at any time, with or without cause.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site, or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user's access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.] The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Site, please contact us at watch@millcreekent.com.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Site, the Company may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Site subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to the Company's designated copyright agent at watch@millcreekent.com or Customer Support, Mill Creek Entertainment, 2445 Nevada Ave N, Golden Valley, MN 55427:

The date of your notification;

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;

LICENSE GRANT

By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Other than a DMCA Take-Down Notice, communications made through the Site's e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to watch@millcreekent.com or mail to the following postal address:

Customer Support

Mill Creek Entertainment
2445 Nevada Ave N
Golden Valley, MN 55427

Opting out may prevent you from receiving messages regarding the Company or special offers.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Minnesota, without regard to conflict of law provisions. The Company may assign or delegate these Terms of Site and/or the Company's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Site or Privacy Policy without the Company's prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.