IMDbPro Subscriber Agreement
Last Updated: May 18, 2012
The Web Site located at http://pro.imdb.com, http://www.proimdb.com, http://www.imdbpro.com, and https://resume.imdb.com ("Site") is provided by IMDB.com, Inc. ("IMDb"), a wholly-owned subsidiary of Amazon.com, Inc., and contains information which may be of interest to entertainment industry professionals about movies and the movie industry from IMDb and third parties. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "IMDb," "we," "us" or "our" refers to IMDb, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. This Agreement does not apply to use of the publicly available Web Site maintained by IMDb and located at http://www.imdb.com.
Table of Contents
- Access and Passwords
- Subscription Fees and Payments
- User Conduct
- Copyright; Limitations on Use
- Accuracy and Availability of Information
- Links to Third Party Sites
- Representations and Warranties
- Disclaimer of Warranties
- Limitation of Damages
- Limitation of Liability; Exclusive Remedy
- Consent to Electronic Notices and Other Communications
- Print a Copy for Your Records
- Applicable Law and Disputes
- Entire Agreement; Severability; No Waiver
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular password and IMDb ID in accordance with IMDb's password and
IMDb ID guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR PASSWORD OR IMDb ID, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR PASSWORD OR IMDb ID. You agree that all actions taken by you, or any other user that accesses the Site using your IMDb ID, at or through the Site will be attributed
to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site
and any services available on it by you or others using your password or IMDb ID. If you lose your password, please visit http://www.imdbpro.com/register/forgotten to obtain a new password.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted at https://secure.imdb.com/signup/signup. Your subscription will continue and renew automatically, unless terminated by IMDb or until you click the "Cancel" button, located at the botton of each page of the Site, to confirm your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription (including any applicable taxes), these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to IMDb, at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your IMDb ID and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges (including any applicable taxes) are nonrefundable. IMDb may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges (including any applicable taxes) incurred in connection with your IMDb ID and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to IMDb. If you want to designate a different credit card or there is a change in credit card validity or expiration date, please access your "My Account" tab to your account. If you believe someone has accessed the Site using your IMDb ID and
password without your authorization, you must e-mail the IMDb Help Desk. You also are responsible for any fees or charges incurred to access the Site through an
Internet access provider or other third party service. YOU, AND NOT IMDB, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at http://www.imdbpro.com/about/privacy.
4. User Conduct
The Site may contain bulletin board services, news groups, social media functionality, forums and/or other message or communication facilities ("Communication Services") designed to
enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when
applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting on or transmitting through IMDb.com any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of
the respective authors or distributors and not of IMDb nor its affiliates, nor any of their officers, directors, employees, or agents. You acknowledge that IMDb
does not pre-screen all content, but that IMDb and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content
that is available via the Communication Services. Without limiting the foregoing, IMDb and its designees shall have the right to remove any content that violates this
Agreement or is otherwise objectionable. You specifically agree that IMDb is not responsible for any content sent using and/or included in the Site by any third
5. Copyright; Limitations on Use
Please read our Copyright and License information, which governs the material on this Site (including materials posted by subscribers) and prohibits the
republishing, filtering, altering, framing, or linking of this Site or any IMDb content (including graphics available on the Site) without express permission from
IMDb. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims
of Copyright Infringement.
The following activities are prohibited. You agree not to:
- Use web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are
capable of copying large portions of content from the Site. IMDb can detect the use of these systems through live logfile analysis and will ban any future
use by offenders.
- Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://www.robotstxt.org/).
We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check IMDb links, it must operate
according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
- Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
- Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
- Use any e-mail addresses appearing on the Site for purposes not relating specifically to the Site;
- Access the Site by any means other than through the interface that is provided by IMDb, or attempt to access any area of the Site to which your access is not
- Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
6. Accuracy and Availability of Information
The Site contains a database of movie information and other content regarding movies and the movie industry compiled by IMDb. While we use commercially
reasonable efforts to provide accurate information, IMDb gives no warranty as to the accuracy of the database and other content on the Site. IMDb reserves the
right to withdraw or delete information or content from the Site at any time.
You may submit reviews, comments, and other content, suggestions, ideas, comments, questions, or other information to the Site or make your blog or social media content (e.g., your Twitter updates) available to us ("Submissions"), so long as the
Submissions comply with the restrictions in this Agreement. IMDb does not pay or provide consideration for Submissions. All Submissions regarding
improvement of or changes to the Site ("Site Submissions") are IMDb's property and you hereby assign all rights, title and interest in and to the same to IMDb.
With respect to all Submissions other than Site Submissions ("Content Submissions"), you grant IMDb and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, access, create derivative works from, distribute, and display such Content
Submissions throughout the world in any media. You grant IMDb and its affiliates the right to use the name that you submit in connection with such Content
Submissions, if they choose. You represent and warrant that (a) you own or otherwise control all of the rights to the Submissions that you post; (b) that the content is
accurate; (c) that use of the Submissions you supply does not violate this Agreement and will not cause injury to any person or entity; (d) you will comply with any Submission guidelines that are posted on the Site from time to time; (e) and that you will indemnify
IMDb or its affiliates for all claims resulting from Submissions you supply. IMDb takes no responsibility and assumes no liability for any Submissions posted by
you or any third party. No Submissions are subject to any obligation of confidentiality or limited use by IMDb and IMDb has no obligation to you for any use or
disclosure of Submissions.
8. Links to Third Party Sites
IMDb does not endorse the content on any third-party Web site, including Web sites of IMDb's affiliates ("Third-Party Sites"). IMDb is not responsible for the
content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make
any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such
sites. Any transaction that you conduct at a Third-Party Site will be between you and the party providing that Web site. This means that IMDb is not your agent
and is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to IMDb that: (a) you possess the legal right and ability to enter into this Agreement and grant the licenses under this Agreement; (b) all information submitted by you to the Site is
true and accurate; (c) you will be responsible for all use of your password and IMDb ID even if such use was conducted without your authority or permission; (d)
you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY IMDB AND ITS AFFILIATES TO YOU ARE
PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND IMDB AND ITS AFFILIATES HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, IMDB DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING:
(a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME;
(b) ACCURACY OR CURRENCY OF ANY CONTENT FOUND ON THE SITE;
(c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE;
(e) LACK OF VIRUSES;
(f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES
FEDERAL OR STATE LAWS; OR
(g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL IMDB OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED
ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND
EVEN IF IMDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL IMDB OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY IMDB FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach
of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized
representative of IMDb.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in
a "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site
member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to
communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after it is the email is sent,
unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided during registration. In such case, notice will be deemed given 3 days after the date of mailing.
15. Print a Copy for your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a
copy of any other information that we deliver to you in writing.
IMDb may terminate your subscription and access, or suspend access to all or part of the Site, without notice, for any conduct that IMDb, in its sole discretion,
believes is in violation of this Agreement, any applicable law, or is harmful to the interests of another user, service provider, or IMDb. IMDb may also elect not to
renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Sections 3, 5-7, 9-14, and 18-21 will
survive any termination or expiration of this Agreement.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of IMDb in a non-electronic record, and any
assignment without IMDb's consent will be voidable at IMDb's option. This Agreement will inure to the benefit of and bind the parties' respective successors and
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Washington, without regard to principles of conflict of laws. Any dispute or claim relating in any way to your use of this Site, goods, or services sold or distributed by or through this Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
- There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, IMDb will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
- You and IMDb each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and IMDb each waive any right to a jury trial. You and IMDb also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
IMDb may change the provisions of this Agreement. When IMDb changes the terms of this Agreement, IMDb will notify you by e-mail or online postings on the
Site. The changes will also appear in this document, which you can access any time by selecting Subscriber Agreement at the bottom of any page of the Site. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button when subscribing, if
you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and
contemporaneous communications between the parties. No term of this Agreement may be waived by IMDb except in a signed, non-electronic writing signed by
an authorized representative of IMDb.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force
and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency
relationship exists between you and IMDb or its affiliates as a result of this Agreement or your use of the Site.