MANGU.TV TERMS OF USE

Last Updated: September 4, 2013
PLEASE READ THESE TERMS OF USE (THIS “AGREEMENT” OR THE “TERMS OF
USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY MANGUSTA
PRODUCTIONS, LLC. (“MANGUSTA” OR THE “COMPANY”). THIS AGREEMENT SETS
FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE
WEBSITE AT http://WWW.MANGUTV, ALL OTHER SITES OWNED AND OPERATED BY
MANGUSTA THAT REDIRECT TO http://WWW.MANGU.TV, AND ALL SUBDOMAINS
(COLLECTIVELY, THE “SITE”), AND THE SERVICE OWNED AND OPERATED BY THE
COMPANY (TOGETHER WITH THE SITE, THE “SERVICE”). BY USING THE SERVICE IN
ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE
SITE OR CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR
SERVICES TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU
DO NOT AGREE TO THIS AGREEMENT (INCLUDING THE PRIVACY POLICY), THEN
YOU SHOULD NOT USE THE SERVICE. BY USING AND ACCESSING THE SERVICE
(OTHER THAN TO REVIEW THIS AGREEMENT), YOU AGREE TO BE BOUND BY THIS
AGREEMENT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME IN
ACCORDANCE WITH THE TERMS BELOW.
I. SUMMARY OF SERVICE

MANGU.TV is a international distribution platform that makes films and other film-related
merchandise (i.e DVDs, Tshirts, etc.) available for sale, including but not limited to instant
streaming and digital downloading. Mangu.tv is also a community of audience members and
filmmakers who come together to communicate more directly. In order to make a purchase, all
Users of the Site must create a profile on the Site. The Service makes accessible various content,
including, but not limited to, videos, movie trailers, completed films, photographs, images,
artwork, graphics, audio clips, comments, data, text, software, scripts, Projects, other material
and information, and associated trademarks and copyrightable works (collectively, “Content”).
II. ACCEPTANCE OF TERMS

The Service is offered subject to acceptance of all of the terms and conditions contained in these
Terms of Use, including the Privacy Policy available at http://www.mangu.tv/privacy, and all other
operating rules, policies, and procedures that may be published on the Site by the Company,
which are incorporated by reference and may be updated by the Company without notice to you.
In addition, some services offered through the Service may be subject to additional terms and
conditions adopted by the Company. Your use of those services is subject to those additional
terms and conditions, which are incorporated into these Terms of Use by this reference.
The Service is available only to individuals who are at least 18 years old. You represent and
warrant that if you are an individual, you are at least 18 years old and of legal age to form a
binding contract, and that all registration information you submit is accurate and truthful. The
Company may, in its sole discretion, refuse to offer the Service to any person or entity and
change its eligibility criteria at any time. This provision is void where prohibited by law and the
right to access the Service is revoked in those jurisdictions.
III. MODIFICATION OF TERMS OF USE

The Company reserves the right, in its sole discretion, to modify or replace these Terms of Use,
or change, suspend, or discontinue the Service (including, but not limited to, the availability of
any feature, database, or Content) at any time for any reason and without prior notice. The
Company may also impose limits on certain features and services or restrict your access to parts
or all of the Service without notice or liability. It is your responsibility to check the Terms of Use
periodically for changes. Your continued use of the Service following the posting of any changes
to the Terms of Use constitutes acceptance of those changes.
IV. OWNERSHIP OF SITE AND SERVICE

You agree that Mangu.tv owns and shall own all right, title and interest, throughout the world, in
and to the Site and Service, and all copyrights, trade secrets, trademarks, service marks, trade
dress rights, patent and invention rights, and other intellectual property rights associated
therewith. The software that makes up the Site and Service is copyrighted and protected under
the United States copyright laws as well as international treaty provisions the United States has
entered into as well as by valuable trade secret rights of Mangu.tv. You further acknowledge and
agree that nothing in this Agreement and no use of the Service shall cause to vest or be construed
to vest in you any right, title or interest in or to the Service other than the express right to use the
Service solely in accordance with the terms and conditions of this Agreement. Any rights not
expressly granted herein are reserved to Mangu.tv.
V. GENERAL RULES AND CONDUCT

As a condition of use, you promise not to use the Service for any purpose that is prohibited by
the Terms of Use or law. The Service is provided only for your own personal, non-commercial
use (except as allowed by the terms set forth in the section of these Terms of Use titled, “Projects
and Commerce”). You are responsible for all of your activity in connection with the Service. You
shall not, and shall not permit any third party using your account to, take any action, or submit
Content, that:
A. infringes any patent, trademark, service mark, trade secret, copyright, right of
publicity, privacy right or other right of any other person or entity, or violates any
applicable law or contract;

B. you know is false, misleading, or inaccurate;

C. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;

D. constitutes unsolicited or unauthorized advertising or promotional material or any
junk mail, spam, or chain letters;

E. contains software viruses or any other computer codes, files, or programs that are
designed or intended to disrupt, damage, limit, or interfere with the proper
function of any software, hardware, or telecommunications equipment or to
damage or obtain unauthorized access to any system, data, password, or other
information of the Company or any third party;

F. impersonates any person or entity, including any employee or representative of
the Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the
Company in its sole discretion) an unreasonable or disproportionately large load on the
Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with
the proper working of the Service or any activities conducted on the Service; (iii) use any
network monitoring or discovery software to determine the Site’s architecture, or to extract
information about usage or users; (iv) harvest or collect User IDs or any Personal Information (as
that term is defined in the Privacy Policy) about our Users; (v) bypass any measures the
Company may use to prevent or restrict access to the Service (or other accounts, computer
systems, or networks connected to the Service); (vi) use any Company-owned mark or product
name as a meta-tag or other ‘hidden text’ for search engines in a manner that does not inure to
the benefit of Mangu.tv; (vii) run Maillist, Listserv, or any form of auto-responder or “spam” on
the Service; or (viii) use manual or automated software, devices, or other processes to “crawl” or
“spider” any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or
otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the
Service, except to the limited extent applicable laws specifically prohibit such restriction and/or
to the extent any such source code is open source; (ii) modify, translate, or otherwise create
derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise
transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state,
national, and international laws and regulations.

The Company does not guarantee that any Content will be made available through the Service.
The Company has no obligation to monitor the Service or Content. The Company reserves the
right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or
suspend a Project; (ii) remove any Content, including, but not limited to, any User Submission;
and (ii) remove or block any User or User Submission. Mangu.tv reserves the right not to
comment on the reasons for any of these actions.

If you see anything on the Site that you believe violates our Terms of Use, including but not
limited to Content that is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy or
that constitutes spam, we encourage you to report it to the Company. Please note, however, that
reporting such Content does not guarantee that it will be removed from the Site or that the
Company will take any other actions. The Company may act in its sole discretion with respect to
any such reports.
VI. REGISTRATION

You may view Content on the Site without registering, but as a condition of using certain aspects
of the Service, you may be required to register with the Company and select a screen name
(“User ID”) and password. You agree to provide accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of the Terms of Use, which may result in
immediate termination of your account. You shall not use as a User ID, domain name, or Project
name any name or term that (i) is the name of another person, with the intent to impersonate that
person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is
otherwise offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to
refuse registration of or cancel a User ID, domain name, and Project name. You are solely
responsible for activity that occurs on your account and shall be responsible for maintaining the
confidentiality of your password for the Site. You shall never use another User account without
the other User’s express permission. You will immediately notify the Company in writing of any
unauthorized use of your account, or other known account-related security breach. You may use
your settings to control your User Profile and how other Users communicate with you. By
providing Mangu.tv your email address you consent to our using the email address to send you
Service-related notices, including any notices required by law, in lieu of communication by
postal mail. We may also use your email address to send you other messages, including changes
to features of the Service and special offers.
VII. COMMERCE

A viewer does not need to be registered to browse the Site and view film trailers,
selected free videos and images, but is still subject to the terms and conditions of this
agreement. A viewer can pay by credit card to purchase films. In order to complete the
purchase process, a viewer must complete a registration profile. Mangu.tv grants to
each viewer a worldwide, non-exclusive, non-sublicensable and non-transferable license
to view a film solely for personal, non-commercial use. Use, reproduction,
modification, distribution or storage of any film for other than personal, noncommercial
use, including any public display of any film using the Service, is
prohibited without prior written permission from the Company.
VIII. HOLD HARMLESS

Mangu.tv is not liable for any damages or loss incurred related to incentive rewards,
contributions, gifts/loans, or any other use of the Service. Mangu.tv is under no
obligation to become involved in disputes between any Users, or between Users and any
third party. Mangu.tv does not endorse any User Comments and Statements. You release
Mangu.tv, its officers, employees, agents, and successors in rights from claims,
damages, and demands of every kind, known or unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way related to such disputes and the
Service.
IX. FEES AND PAYMENTS

Joining Mangu.tv is free. However, we do charge fees for certain products, including instant
streaming and digital downloads of our films. When you use a service that has a fee you will
have an opportunity to review and accept the fees that you will be charged. Changes to fees are
effective after we provide you with notice by posting the changes on the Site. You are
responsible for paying all fees and taxes associated with your use of the Service. To the extent
the Service or any portion thereof is made available for any fee, you will be required to provide
Mangu.tv information regarding your credit card or other payment instrument. You represent and
warrant to Mangu.tv that such information is true and that you are authorized to use the payment
instrument. You will promptly update your account information with any changes (for example, a
change in your billing address or credit card expiration date) that may occur. You hereby
authorize Mangu.tv to bill your payment instrument in accordance with the terms of this
Agreement, and you further agree to pay any charges so incurred.
X. THIRD-PARTY SITES AND MOBILE SERVICES

The Service may permit you to link to other websites or resources on the internet, and other
websites or resources may contain links to the Site. When you access third-party websites, you
do so at your own risk. Those other websites are not under the Company’s control, and you
acknowledge that the Company is not liable for the content, functions, accuracy, legality,
appropriateness, or any other aspect of those other websites or resources. The inclusion on
another website of any link to the Site does not imply endorsement by or affiliation with the
Company. You further acknowledge and agree that the Company shall not be liable for any
damage related to the use of any content, goods, or services available through any third-party
website or resource.

You may enable various online services, such as social networking sites, to be directly integrated
into your Mangu.tv experience. To take advantage of these features, we may ask you to register
for or log into the services on the websites of their respective providers. By enabling third party
services within the Service, you are allowing us to pass your log-in information to these service
providers for this purpose. For more information about the implications of activating these third
party services and Mangu.tv’s use, storage and disclosure of information related to you and your
use of such services within Mangu.tv, please see our Privacy Policy. However, please remember
that the manner in which third party services use, store and disclose your information is governed
solely by the policies of such third parties, and Mangu.tv will have no liability or responsibility
for the privacy practices or other actions of any third party site or service that may be enabled
within the Service.

The Service may include certain services that are available via a mobile device, including (i) the
ability to browse the Service from a mobile device and (ii) the ability to access certain features
through an application downloaded and installed on a mobile device (collectively, the ”Mobile
Services“). To the extent you access the Service through a mobile device, your wireless service
carrier’s standard charges, data rates and other fees may apply. In addition, downloading,
installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and
not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you
understand that certain information about your usage of the Mobile Services may be
communicated to us.
XII. CONTENT AND LICENSE

You agree that the Service contains Content provided by the Company and its partners and Users
and that the Content may be protected by copyrights, trademarks, service marks, patents, trade
secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal
notices, information, and restrictions contained in any Content accessed through the Service.
The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable
and non-transferable license to use and reproduce the Content, solely for personal, noncommercial
use. Use, reproduction, modification, distribution, or storage of any Content for
other than personal, non-commercial use is prohibited without prior written permission from the
Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or
exploit any Content for commercial use or in any way that violates any third-party right.

XIII. PRIVACY AND SECURITY

We care about the privacy of our Users. Please review our Privacy Policy at http://www.mangu.tv/
privacy. We have implemented commercially reasonable technical and organizational measures
designed to secure your personal information from accidental loss and from unauthorized access,
use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will
never be able to defeat those measures or use your personal information for improper purposes.
You acknowledge that you provide your personal information at your own risk.
XIV. TERMINATION

The Company may terminate your access to the Service, without cause or notice, which may
result in the forfeiture and destruction of all information associated with your account. If you
wish to terminate your account, you may do so by following the instructions on the Site. Any
fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their
nature should survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
XV. WARRANTY DISCLAIMER

The Company has no special relationship with or fiduciary duty to you. You acknowledge that
the Company has no duty to take any action regarding any of the following: (i) which Users gain
access to the Site; (ii) what Content Users access through the Site; (iii) what effects the Content
may have on Users; (iv) how Users may interpret or use the Content; or (v) what actions Users
may take as a result of having been exposed to the Content. You release the Company from all
liability for your having acquired or not acquired Content through the Site. The Site may contain,
or direct you to websites containing, information that some people may find offensive or
inappropriate. The Company makes no representations concerning any Content on the Site, and
the Company is not liable for the accuracy, copyright compliance, legality, or decency of material
contained on the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE,
ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT
PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR
ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT
OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR
REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY
MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY
COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY
WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email
addresses, registration and identification information, disk space, communications, confidential
or trade-secret information, or any other Content stored on the Company’s equipment,
transmitted over networks accessed by the Site, or otherwise connected with your use of the
Service.
XVI. INDEMNIFICATION

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its
affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities,
claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to
your use or misuse of, or access to, the Service and Content, any violation of the Terms of Use,
or infringement by you, or any third party using your account, of any intellectual property or
other right of any person or entity. The Company reserves the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you will assist and cooperate with the Company in asserting any available defenses.
XVII. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT,
TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE
THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE
SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN
THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR
COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
XVIII. INTERNATIONAL

Accessing the Service is prohibited from territories where the Content is illegal. If you access the
Service from other locations, you do so at your own initiative and are responsible for compliance
with local laws.
XIX. ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT

By using the Services, you consent to receive from Mangu.tv all communications including
notices, agreements, legally required disclosures, or other information in connection with the
Services (collectively, “Contract Notices”) electronically. Mangu.tv may provide the electronic
Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive
Contract Notices electronically, you must discontinue your use of the Services.
XX. GOVERNING LAW

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference)
shall be governed by and construed in accordance with the laws of the State of New York and the
United States, without giving effect to any principles of conflicts of law, and without application
of the Uniform Computer Information Transaction Act or the United Nations Convention of
Controls for International Sale of Goods. You agree that the Company and its Services are
deemed a passive website that does not give rise to personal jurisdiction over Mangu.tv or its
parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or
shareholders, either specific or general, in any jurisdiction other than the State of New York. You
agree that any action at law or in equity arising out of or relating to these terms, or your use or
non-use of the Services, shall be filed only in the state or federal courts located in New York
County in the State of New York and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. You hereby irrevocably waive any
right you may have to trial by jury in any dispute, action, or proceeding.
XXI. INTEGRATION AND SEVERABILITY

The Company shall not be liable for any failure to perform its obligations hereunder where the
failure results from any cause beyond the Company’s reasonable control, including, without
limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use
are personal to you, and are not assignable, transferable, or sublicensable by you except with the
Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights
and obligations hereunder without consent. No agency, partnership, joint venture, or employment
relationship is created as a result of the Terms of Use and neither party has any authority of any
kind to bind the other in any respect. In any action or proceeding to enforce rights under the
Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices
under the Terms of Use will be in writing and will be deemed to have been duly given when
received, if personally delivered or sent by certified or registered mail, return receipt requested;
when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it
is sent, if sent for next day delivery by recognized overnight delivery service.

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