ADULT PROGRAMMING/CLASSIFICATION. 5.1 Notwithstanding anything contained herein to the contrary, Licensee agrees that (i) no Adult Program shall be exhibited, promoted or listed on the same screen of the Licensed Service (other than the home page of the Licensed Service, which may contain a textual link with a section of the user interface exhibiting, promoting or listing Adult Programs) on which an Included Program is promoted or listed and (ii) no Adult Program will be classified within the same genre/category as any Included Program. If Licensee violates the terms of this Article 5.1 with respect to the Included Programs, then as Licensee’s sole obligation and Licensor’s sole remedy, if such Adult Program is X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to remove such Adult Program; or, if such Adult Program is not X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely not have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to either remove the Included Programs or the Adult Program (as Licensee shall determine), in either case within two (2) Business Days of Licensee’s receipt of Licensor’s written request for such removal. As used herein, “ Adult Program” shall mean any motion picture or related promotional content that has either been rated NC-17 (or the equivalent rating in the applicable Territory) or successor rating (or if unrated would likely have received an NC-17 rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable
Appears in 4 contracts
Samples: International Video on Demand License Agreement, International Video on Demand License Agreement, International Video on Demand License Agreement
ADULT PROGRAMMING/CLASSIFICATION. 5.1 Notwithstanding anything contained herein to the contrary, Licensee agrees that (i) no Adult Program shall be exhibited, promoted or listed on the same screen of the Licensed Service (other than the home page of the Licensed Service, which may contain a textual link with a section of the user interface exhibiting, promoting or listing Adult Programs) on which an Included Program is promoted or listed and (ii) no Adult Program will be classified within the same genre/category as any Included Program. If Licensee violates the terms of this Article
5.1 with respect to the Included Programs, then as Licensee’s sole obligation and Licensor’s sole remedy, if such Adult Program is X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to remove such Adult Program; or, if such Adult Program is not X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely not have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to either remove the Included Programs or the Adult Program (as Licensee shall determine), in either case within two (2) Business Days of Licensee’s receipt of Licensor’s written request for such removal. As used herein, “ “Adult Program” shall mean any motion picture or related promotional content that has either been rated NC-17 (or the equivalent rating in the applicable Territory) or successor rating (or if unrated would likely have received an NC-17 rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicableapplicable Territory) for rating (other than a title released by a Qualifying Studio or a title otherwise deemed not to be an Adult Program by Licensor in its sole discretion)) or X (or the equivalent rating in the applicable Territory) (or if
Appears in 2 contracts
Samples: Video on Demand License Agreement, International Video on Demand License Agreement
ADULT PROGRAMMING/CLASSIFICATION. 5.1 Notwithstanding anything contained herein to the contrary, Licensee agrees that (i) no Adult Program shall be exhibited, promoted or listed on the same screen of the Licensed Service (other than the home page of the Licensed Service, which may contain a textual link with a section of the user interface exhibiting, promoting or listing Adult Programs) on which an Included Program is promoted or listed and (ii) no Adult Program will be classified within the same genre/category as any Included Program. If Licensee violates the terms of this Article
5.1 with respect to the Included Programs, then as Licensee’s sole obligation and Licensor’s sole remedy, if such Adult Program is X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to remove such Adult Program; or, if such Adult Program is not X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely not have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to either remove the Included Programs or the Adult Program (as Licensee shall determine), in either case within two (2) Business Days of Licensee’s receipt of Licensor’s written request for such removal. [As used herein, “ “Adult Program” shall mean any motion picture or related promotional content that has either been rated NC-17 (or the equivalent rating in the applicable Territory) or successor rating (or if unrated would likely have received an NC-17 rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicableapplicable Territory) for rating (other than a title released by a Qualifying Studio or a title otherwise deemed not to be an Adult Program by Licensor in its sole discretion)) or X (or the equivalent rating in the applicable Territory) (or if unrated, would likely have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or applicable ratings body in the applicable Territory) for rating).] [Consider defining “Adult Program” with respect to each Territory in applicable Exhibit] Notwithstanding anything herein to the contrary, the restrictions set forth in this Article 5.1 shall apply to editorial action by Licensee and neither independent actions taken by an end user (e.g., viewer search results, playlists, “favorites,” gamer tags, wallpaper, themes, instant messaging, etc.) nor any algorithmically generated placements over which Licensee has no editorial control shall be deemed to cause a violation of this Article 5.
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ADULT PROGRAMMING/CLASSIFICATION. 5.1 Notwithstanding anything contained herein to the contrary, Licensee agrees that (i) no Adult Program shall be exhibited, promoted or listed on the same screen of the Licensed Service (other than the home page of the Licensed Service, which may contain a textual link with a section of the user interface exhibiting, promoting or listing Adult Programs) on which an Included Program is promoted or listed and (ii) no Adult Program will be classified within the same genre/category as any Included Program. If Licensee violates the terms of this Article
5.1 with respect to the Included Programs, then as Licensee’s sole obligation and Licensor’s sole remedy, if such Adult Program is X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to remove such Adult Program; or, if such Adult Program is not X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely not have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to either remove the Included Programs or the Adult Program (as Licensee shall determine), in either case within two (2) Business business daysBusiness Days of Licensee’s receipt of Licensor’s written request for such removal. As used herein, “ Adult Program” shall mean any motion picture or related promotional content that has either been rated NC-17 (or the equivalent rating in the applicable Territory) or successor rating (or if unrated would likely have received an NC-17 rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicablebody
Appears in 1 contract
Samples: Video on Demand License Agreement
ADULT PROGRAMMING/CLASSIFICATION. 5.1 Notwithstanding anything contained herein to the contrary, Licensee agrees that (i) no Adult Program shall be exhibited, promoted or listed on the same screen of the Licensed Service (other than the home page of the Licensed Service, which may contain a textual link with a section of the user interface exhibiting, promoting or listing Adult Programs) on which an Included Program is promoted or listed and (ii) no Adult Program will be classified within the same genre/category as any Included Program. If Licensee violates the terms of this Article
5.1 with respect to the Included Programs, then as Licensee’s sole obligation and Licensor’s sole remedy, if such Adult Program is X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to remove such Adult Program; or, if such Adult Program is not X-rated (or the equivalent rating in the applicable Territory) (or if unrated, would likely not have received an X rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA (or the applicable ratings body in the applicable Territory) for rating), Licensor shall have the right to cause Licensee to either remove the Included Programs or the Adult Program (as Licensee shall determine), in either case within two (2) Business Days business days of Licensee’s receipt of Licensor’s written request for such removal. As used herein, “ “Adult Program” shall mean any motion picture or related promotional content that has either been rated NC-17 (or the equivalent rating in the applicable Territory) or successor rating (or if unrated would likely have received an NC-17 rating (or the equivalent rating in the applicable Territory) if it had been submitted to the MPAA for rating (other than a title released by a Qualifying Studio or a title otherwise deemed not to be an Adult Program by Licensor in its sole discretion)) or X (or if unrated, would likely have received an X rating if it had been submitted to the applicable ratings body MPAA for rating). Notwithstanding anything herein to the contrary, the restrictions set forth in the applicablethis Article 5.1 shall apply to editorial action by Licensee and neither independent actions taken by an end user (e.g., viewer search results, playlists, “favorites,” gamer tags, wallpaper, themes, instant messaging, etc.) nor any algorithmically generated placements over which Licensee has no editorial control shall be deemed to cause a violation of this Article 5.
Appears in 1 contract
Samples: Video on Demand License Agreement