Terms and Conditions of Use
The web site (“Site”), including, without limitation, The Official Academy Awards® Database, Scientific and Technical Awards Database, and Motion Picture Credits Database, are Copyright ©2022 by Academy of Motion Picture Arts and Sciences. All rights reserved. Neither the Site nor any part thereof may be reproduced or copied in any form or by any means without the express written consent of the Academy of Motion Picture Arts and Sciences.
Access to the Site is provided subject to the following Terms and Conditions.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
- License. As a user of the Site you are granted a limited, nonexclusive, nontransferable, revocable license to access and use the Site and its content only in accordance with these Terms of Use. Academy of Motion Picture Arts and Sciences (“Academy”) may terminate this license or modify these Terms of Use at any time for any reason.
- Limitations on Use. The content of this Site is for information and personal use only and not for commercial exploitation. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or its content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or its content (except to the extent necessary for public search engines to create searchable indices). Users must be at least 18 years of age or have parental or guardian consent.
- Intellectual Property Rights. You agree that the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly provided in these Terms of Use, no license or right in these properties is conferred by implication, estoppel or otherwise.
- Linking to the Site. You may provide hyper-text links, only to the homepage, provided: (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Academy notice of such link by sending an e-mail to ampas@oscars.org and (c) you discontinue providing links to this Site if requested by Academy.
- Disclaimer. The accuracy, completeness, adequacy, availability or currency of the Site or its content is not warranted or guaranteed. Your use of information on the Site is at your own risk. Academy does not represent or warrant that the Site will be error-free, free of viruses or free of other harmful components. The Site is provided on an “as is” basis. Academy expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement.
- Limitation on Liability. Academy shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the Site. Academy shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the Site or the content.
- Indemnity. You agree to indemnify and hold Academy, its officers, members, employees, and agents, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site.
- Unlawful Activity. Academy reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
- Governing Law and Jurisdiction. The Terms of Use are governed by the laws of the State of California without taking into account its laws or rules relating to conflicts of laws.
- User Generated Content. For purposes of this section (“User Generated Content”), “Site” shall also include Academy sponsored third party web sites and media, including but not limited to sites for Oscars® sweepstakes.
(A) Academy may now or in the future permit you and other users to post, upload, display, publish, distribute, transmit through, broadcast or otherwise make available on the Site (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content") via the Site or otherwise. Except for any Site content, if any, included in your User Content that the Academy has given you permission to use, and subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and Academy does not accept any responsibility for same, but you grant Academy the right to protect and enforce Academy’s and Academy’s licensees’ licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at Academy’s cost and expense, to which you hereby consent and irrevocably appoint Academy as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant Academy these licenses. Upon Academy’s request, you will furnish Academy with any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Academy. You will indemnify and hold harmless the Academy, and at Academy’s option defend Academy, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against the Academy arising out of any alleged breach by you of any provision of these Terms of Use, or the infringement by you, or any other subscriber or user of your account, if and as applicable, of any intellectual property or other right of any person or entity. If you are obligated to indemnify Academy, Academy may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Academy.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury;
(vii) is a chain letter of any kind;
(viii) the licensed use by Academy hereunder would result in Academy having any obligation or liability to any party;
(ix) depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; or
(x) violates these Terms of Use or applicable additional terms provided by the Academy.
Moreover, any conduct by a user that in Academy’s sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
(D) By submitting User Content to Academy, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to Academy an unrestricted, unconditional, unlimited, worldwide and throughout the universe, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable (through multiple levels), and transferable right and license to use, copy, record, disclose, sell, re-sell, sublicense, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish, broadcast, reformat, translate, archive, store, and otherwise exploit the User Content (in whole or in part) as Academy, in its sole discretion, deems appropriate, for any purpose whatsoever, including, without limitation, (1) in and in connection with Academy’s business, including but not limited to the annual Academy Awards® ceremony and related events; and (2) in and in connection with the businesses of Academy’s licensees, successors, parents, subsidiaries, and their related companies. Academy may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Site, these Terms of Use and any applicable additional terms. Without limitation, the granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. You agree that your User Content will be treated as non-confidential and non-proprietary. Furthermore, Academy is free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such User Content; or creating informational articles based on or advertising Academy’s products and services. You further authorize Academy to publish your User Content in a searchable format that may be accessed by users of the Site, the Internet, and elsewhere.
(E) By submitting User Content, you also grant Academy the sublicensable right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.
(F) Academy reserves the right to display advertisements in connection with your User Content and to use, and license, permit and otherwise authorize others to use, your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites, advertising networks and any other media of Academy’s licensees, distribution partners and third-party service providers (including their downstream users).
(G) Academy has the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. Academy has no obligation to post, maintain, accept, display, exploit or otherwise make use of User Content, does not guarantee distribution of User Content and User Content will not be returned and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Site. Academy may discontinue operation of the Site, or your use of the Site, in either case in whole or in part, in Academy’s sole discretion. You have no right to maintain or access your User Content on the Site and Academy has no obligation to return your User Content or otherwise make it available to you. Academy may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Academy reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which Academy will not exercise editorial control except to block or remove content that is obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable or to enforce the rights of third parties.
(H) The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion; provided, however, the rights granted by Academy may be terminated, revoked or rescinded and are subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant Academy the rights set forth above without obligations or liability to any party, you agree to promptly provide Academy with detailed written notice thereof to: privacy@oscars.org.