Terms of Use

Initial Version: April, 10th 2003

Acceptance of terms

Your use of Newave's World-of-Movies.com ("WOM"), and all information, products and services on WOM, including our search engine and directory (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). We may update these Terms from time to time without giving you any notice. Unless we let you know by giving you a notice, any new features or updated Services that we put on WOM will be subject to these Terms

BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.

Newave is pleased to give you access to WOM free of charge. However, in order to access this site, you will need to establish an account with an Internet service provider (ISP). You will also need equipment to access WOM, including a computer, modem or other communication device. You agree to pay for all hardware and services costs needed to access WOM and use the Services. Newave is not responsible for any of these costs.

How You Can Use the Services

You may use the Services on WOM and the Newave Sites for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use. You cannot distribute or transfer the copies to others in exchange for money or other consideration. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth below. This means that you may not mirror the home page or results pages of WOM or any Newave Site on your own Web site or Web page.

No License Granted

Except for allowing you to use WOM for your personal use as set forth in the paragraph above, when you use WOM, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Newave or other companies with which we are affiliated.

YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER NEWAVE PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Disclaimer of Warranties

SEARCH RESULTS: THE WEB CHANGES CONSTANTLY AND NO SEARCHING OR INDEXING TECHNIQUES CAN POSSIBLY INCLUDE ALL PAGES ACCESSIBLE ON THE WEB IN ITS INDEX OF SITES (THE "INDEX"). AS A RESULT, NEWAVE DOES NOT AND CANNOT GUARANTEE THAT YOUR SEARCH RESULTS WILL BE COMPLETE OR ACCURATE OR THAT THE LINKS ASSOCIATED WITH THE INDEX WILL BE COMPLETE OR ACCURATE OR ACTIVE AT THE TIME OF YOUR SEARCH. THE PROCESS OF INCLUDING SITES IN THE INDEX IS LARGELY AUTOMATIC. NEWAVE CANNOT AND DOES NOT SCREEN THE SITES INCLUDED IN THE INDEX. FOR THESE REASONS, WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF ANY SITE INCLUDED IN THE INDEX, AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SITE OR ANY NEWAVE SITE (OR ANY SITE YOU MAY LINK TO FROM THE SITE OR ANY OF THE NEWAVE SITES), OR ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED IN THE SITE OR ANY NEWAVE SITE (OR ANY SITE YOU MAY LINK TO FROM THE SITE OR THE NEWAVE SITES).
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, AND THE NEWAVE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NEWAVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT NEWAVE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ACCESS TO THE WEB SITE OR UNAVAILABLE DUE TO MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEWAVE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE NEWAVE WEB SITES.

NEWAVE EXPRESSLY DISCLAIMS ANY ENDORSEMENT. RECOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPIRES, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEWAVE, ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, ANY NEWAVE SITE, THE SERVICES OR THE INDEX, ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.

Manipulation of Search Results

We are committed to provide our users the most relevant search results presented in the order of greatest relevance. We rank search results automatically according to established ranking criteria (which may change from time to time). We do not guarantee any ranking results for any Web site. We also reserve the right in our sole discretion to adjust the ranking of search results for any Web site and to remove listings of Web sites if we believe people are abusing WOM. If you believe that our search results have been manipulated.