IMPORTANT: UNDER THESE TERMS, YOU ARE AGREEING TO ARBITRATE ANY DISPUTES, TO WAIVE YOUR RIGHT TO A JURY TRIAL SHOULD ANY LEGAL PROCEEDINGS ARISE AND TO BE BOUND BY CERTAIN OBLIGATIONS AND RESPONSIBILITIES. YOU FURTHER ACKNOWLEDGE, AGREE AND UNDERSTAND THAT IF YOUR SITE ACCOUNT OR YOUR ULTRAVIOLET ACCOUNT (AS REFERENCED BELOW) IS TERMINATED FOR ANY REASON, YOUR ACCESS AND RIGHT TO USE PROGRAMS MAY BE SEVERLY RESTRICTED OR EVEN TERMINATED AND UNAVAILABLE TO YOU. PLEASE READ ALL THESE TERMS CAREFULLY.
When you obtain rights to Programs through the Site (e.g., through a transaction on the Site or the redemption of an UltraViolet rights code packaged with a Blu-ray disc) and/or link your Site Account to an account with Digital Entertainment Content Ecosystem (DECE) LLC, the licensor and operator of UltraViolet ("UltraViolet Account"), you are agreeing and providing your explicit consent to allow us to share information about your video content (e.g., Programs and/or the complete list of titles you are permitted to stream and/or download) within the UltraViolet service, including to individuals (e.g., family members) who are "Members" (i.e., sub-accounts) under your main UltraViolet Account and to each and every other person, firm or enterprise that participates in and enables links and takes advantage of similar digital rights management capabilities using or through UltraViolet.
Given the nature of the Internet, even though the Site is ordinarily (but not always) targeted to United States of America ("USA") residents, it may be accessed in other parts of the world. If you are not a USA resident and you use or attempt to use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Site complies with all applicable local laws in the jurisdiction from where you access or use the Site. IF YOU ARE NOT A USA RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE DATA ON, TO OR THROUGH THE SITE, YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO THE USA, AND TO THE PROCESSING OF SUCH DATA ON OUR (OR OUR DESIGNATED VENDORS’) USA SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY USA LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.
Your Site Account and Programs stored in your Site Account (unless downloaded to a local device in accordance with these Terms and the Terms of Service) may not be available for download or streaming outside the USA. If you attempt to access your Site Account or Programs outside the USA, you assume all risks and liabilities in doing so and you are responsible for compliance with any and all applicable laws and regulations, including both the laws of the USA and such other locations. If you travel to, or change your Site Account as you may be permitted to, a different country or territory, you may not have the rights available to you in the USA or be able to re-download or stream Programs that were available to you in the USA, and different terms and conditions, as well as additional charges, for such Programs may apply in the new country or territory. If your access or attempted access from outside the USA results in the violation or infringement of our rights or the rights of any other party, you agree to be liable or, if applicable, indemnify and hold us harmless, from and against any and all damages, claims, causes of action and losses that may result or arise.
Whether in connection with UltraViolet or other features and functions, you may be able to use and interact with third-party products and services and to link to or from third-party websites ("Third-Party Sites, Products and Services") including, retail services, streaming services, media players, applications and devices. WE ARE NOT RESPONSIBLE FOR THESE, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, QUALITY, OR PERFORMANCE OF ANY THIRD-PARTY SITES, PRODUCTS OR SERVICES OR ANY INFORMATION OR MATERIALS CONTAINED THEREON. The fact that you may see and/or select a link to Third-Party Sites, Products and Services from our Site does not constitute an endorsement, approval or sponsorship thereof by us. We do not monitor or otherwise review them and we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Third-Party Sites, Products and Services. If you choose to rely on any Third-Party Sites, Products and Services, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice. You may also be subject to, and are solely responsible for complying with, any additional terms and conditions associated with the use of such Third Party Sites, Products and Services. Any such third party terms and conditions are separate from and do not in any way modify your obligation to comply with these Terms.
Maintaining the confidentiality and security of your Site Account is your responsibility. You should select a password that is difficult to guess and not reveal your password to anyone else. In the event of any breach of security, including unauthorized access or use of your Site Account, immediately notify us at 1-800-860-2878.
Once your Site Account is set up and linked to a valid active UltraViolet Account, you may begin obtaining and exercising rights to certain Programs available at the Site. If the Site product page for a Program indicates such Program is available for download and/or stream, you may exercise the applicable right(s) upon your completion of the necessary steps in compliance with all applicable terms and conditions. For example, in connection with your purchase of a Blu-ray Disc or DVD copy of a Program, and prior to any applicable expiration date, you may be able to submit a unique code that was included in or on the packaging of such Blu-ray Disc or DVD, in order to take advantage of certain rights and features applicable to the Program. You will not be eligible for a refund from us of any portion of the purchase price of your Blu-ray Disc or DVD if such Program is unavailable for any reason. An UltraViolet Account linked to your Site Account is necessary to access Programs. Special features and content included with the physical Blu-ray Disc or DVD copy of a Program may not be available for download and/or streaming as part of your digital, online rights available through UltraViolet.
Your Site Account is designed to reflect all of the rights to Programs that you have obtained and have available for use, but you acknowledge and agree that we may change, relocate, restrict or discontinue services or features available to you at the Site, including the entire Site and/or your ability to access, view, download and use Programs, for any reason or no reason with or without notice or liability to you. Without limiting the foregoing, although Programs will generally continue to be available to you for download or streaming from the Site, they may become unavailable (both at the Site and/or through all UltraViolet-compatible sites and services) due to rights expirations and for other reasons, and we will not be liable to you if a Program becomes unavailable for further download or streaming after a certain point in time. In such event, you may keep authorized downloads of such Program you saved locally to your compatible device(s) prior to such time, conditioned upon and subject to your compliance with these terms and conditions. Subject to UltraViolet terms and conditions, we reserve the right to charge you data fees (e.g., per-minute or per-kilobyte data fees) while streaming or downloading a Program from the Site, but we will advise you in advance of when such data fees will apply and you may be able to stream and/or download the Program from other UltraViolet-compatible sites and services without fees.
You are aware and understand that you may have access to Programs that may be deemed offensive, objectionable, unpleasant, or indecent, and that such Programs may not be identified as such. You agree to use the Site at your sole risk and that we will have no liability to you for your exposure to such content.
Use of the Site, including viewing, streaming, downloading, or otherwise accessing Programs, requires Internet access (except to view Programs you have downloaded to a compatible device in accordance with these Terms) and at least one compatible device, and may require certain software and the obtaining of updates or upgrades thereto from time to time. You are responsible for any fees associated therewith. The device compatibility requirements and minimum system and browser requirements may be set forth on the Site page for each Program and/or at the How To Watch page. Because use of the Site involves hardware, software, and Internet access, your ability to use it may be affected by the performance of these factors as well as by changes in these technologies over time. High-speed Internet access is strongly recommended. In addition, all devices may not support all of the features and functionality available for the Site. For example, to view high definition Programs, you will need a high-definition compatible device. You acknowledge and agree that such system requirements, which may be revised from time to time, are your responsibility. You further acknowledge and agree that we are not responsible for failure in proper configuration or limitations of your devices. The Site and Programs are independent of such other products, services and offerings, and the purchase or obtaining of any such product, service or offering does not guarantee your access to the full features and functionality of the Site. In connection with the operation of the Site, we will have administrative access to your Site Account to provide customer service, maintenance and support, investigate complaints, and/or fix errors but shall not be obliged to do so at your request or otherwise.
You may terminate your Site Account and no longer use the Site at any time. Terminating your Site Account will terminate access and the rights associated with it. We may retain your Site Account information after termination, however, we have no obligation to do so. If you wish to retain copies of Programs prior to your Site Account termination, you must download them, in compliance with these Terms, to a compatible device prior to termination.
You agree that we may, in our sole discretion and without notice to you or liability, restrict, suspend, or terminate your Site Account and/or access to part or all of the Site if we believe you are using or have used the Site, Programs or your Site Account in breach of these Terms, in violation of applicable law or regulation, in violation of our rights or the rights of any other party, or in any manner other than for the intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your Site Account upon reasonable notice to you, which may be communicated electronically, for cause, which includes but is not limited to (i) requests from law enforcement or other government authorities, (ii) unexpected technical issues or problems, or (iii) if we reasonably believe that your Site Account has been created fraudulently, your Site Account has been accessed fraudulently, or you otherwise committed fraud or are using your Site Account other than for its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, after notice to you, to terminate any Site Account that remains inactive for one (1) year. In addition, you understand that we may modify or cease providing the Site or any portion of the Site at any time without notice. You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Site Account or rights to any Program.
ON TERMINATION OF YOUR SITE ACCOUNT, WHETHER TERMINATED BY YOU OR BY US, YOU MAY LOSE ALL RIGHTS TO ACCESS THE PROGRAMS THROUGH OUR SITE. THIS WILL GENERALLY NOT AFFECT PROGRAMS YOU HAVE PROPERLY DOWNLOADED TO A COMPATIBLE DEVICE IN ACCORDANCE WITH THESE TERMS.
You agree not to:
IF YOU VIOLATE OR CIRCUMVENT, OR ATTEMPT TO VIOLATE OR CIRCUMVENT, ANY SECURITY, CONTENT PROTECTION OR OTHER TECHNOLOGY OR ANY APPLICABLE LAWS, REGULATIONS OR REQUIREMENTS ASSOCIATED WITH USE OF THE SITE, YOU MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL LIABILITY.
The content of the Site (including, without limitation, the Programs) and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by us and/or our licensors and are protected by applicable USA and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof, except: (i) with respect to your own User Submissions (excluding any materials - e.g., key art, title treatment, clips, stills, music tracks, etc. - used in your User Submissions that may have been licensed to you by us for use in your User Submissions, for example in connection with a contest or other program or feature offered on the Site (such content referred to as the "SPE Licensed Assets")); and/or (ii) to the extent of your limited rights to use the Site and view the Programs for certain personal (non-commercial) purposes, subject to the conditions set forth in these Terms. Except in connection with your own User Submissions (and then only to the extent you control them), or unless expressly authorized by us pursuant to these Terms or otherwise, you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of us and/or our licensors (including, without limitation, other Site users who have submitted their own User Submissions) and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
Subject to your compliance with these Terms, we hereby grant you, only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, rights and licenses:
The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or by means of the Site to other destinations, such as social networking pages (including, without limitation, to your Personal Social Media) (collectively, "Submit"), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your "User Submissions"), and such User Submissions will generally be available to all users of the Site or to others using the destinations (such as for example social networking pages) where you have submitted your User Submissions. By Submitting your User Submissions on or by means of the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not our regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but we may do so in our sole discretion. When you Submit (or attempt to Submit) your User Submissions on or by means of the Site, you automatically grant to us and our affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the "SPE License") to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet and mobile resources and applications), store, transcode, host, cache, maintain, broadcast, webcast, mobilecast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in our (or our authorized designees/licensees') sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The SPE License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or we terminate your access to the Site. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO US OR TO ANY OF OUR AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT WE AND/OR OUR AFFILIATES AND/OR OUR LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE SPE LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO US THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE US AND/OR ANY OF OUR AFFILIATES OR AUTHORIZED DESIGNEES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE SPE LICENSE. You acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (b) we and/or any of our affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to us that you do not want to be viewed and "shared" or otherwise distributed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on or by means of the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to us the SPE License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and we will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable Laws or these Terms, or violative of any person’s publicity or privacy rights; and (v) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to us upon our request.
We are not responsible for any loss, theft or damage of any kind to any User Submissions.
You acknowledge that SPE does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that we (and/or any of our authorized designees) have the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by us in our sole discretion. We shall have the right in our sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users' User Submissions) that violate these Terms or are otherwise objectionable, as determined by us in our sole discretion, as well as terminate your and/or any Site user's continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Site Services, features or functionality available on or through the Site). We do not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of us or any of our affiliates. We disclaim any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against us or any of our affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and we may maintain copies for archival purposes.
We reserve the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part) or any of our products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, PROGRAMS, FUNCTIONS, FEATURES, USER INTERFACES, DATA AND MATERIALS AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT ANY PROMISES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, (C) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (D) THAT THE SITE OR ANY PROGRAM WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, (E) THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, (F) THAT ANY OF THE FEATURES OR FUNCTIONALITY ASSOCIATED WITH THE SITE WILL BE AVAILABLE AT ANY GIVEN TIME OR FOR ANY DURATION, (G) THAT THE SITE, IN WHOLE OR IN PART, WILL MEET YOUR REQUIREMENTS, (H) THAT ANY PARTICULAR THIRD PARTY SITES, PRODUCTS AND SERVICES WILL WORK WITH THE SITE OR (I) THAT YOUR USE OF THE SITE OR PROGRAMS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. WE, OUR AFFILIATES, CONTRACTORS, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "SITE ENTITIES") HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE SITE ENTITIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER MALICIOUS AND/OR UNAUTHORIZED PROGRAMS OR CODE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, VIEWING DEVICE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING, STREAMING, OR UPLOADING OF ANY PROGRAMS, MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITE. YOUR ACCESS TO AND USE OF THE SITE AND PROGRAMS IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR PROGRAMS, YOU SHOULD DISCONTINUE USING THE SITE AND PROGRAMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY SITE ENTITY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT AND/OR ANY FEATURES OR FUNCTIONALITY THEREOF, OR ANY PROGRAM OR ANY THIRD PARTY SITES, PRODUCTS AND SERVICES EVEN IF SUCH SITE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW OR MAY RESTRICT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF ACTIONS AND/OR DAMAGES, SO IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE SITE ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST ULTRAVIOLET MEMBERS AND/OR WITH THIRD PARTIES FROM WHOM ULTRAVIOLET CONTENT IS ACQUIRED OR CONSUMED, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY ULTRAVIOLET MEMBER OR OTHER PERSON ON OR THROUGH ULTRAVIOLET.
You agree to indemnify and hold us and each of the Site Entities, our and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns, harmless from and against any and all claims, actions, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the "Licenses Granted to You" section of these Terms without your compliance with your responsibilities set forth in these Terms; (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iv) your violation of any intellectual property, privacy, publicity or other right; (v) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your Site Account to access and/or otherwise use the Site (in whole or in part); or (vi) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
We respect the intellectual property rights of others. Upon proper notice, we will remove User Submissions (and any other Site content) that violate copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement on the Site and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send our copyright agent, at the address set forth below, a notification of claimed infringement (an "Infringement Notification") that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature.
Designated Copyright Agent
10202 W. Washington Boulevard
Culver City, CA 90232
Phone Number of Designated Copyright Agent: 310-244-7850
Fax Number of Designated Copyright Agent: 310-244-1742
E-Mail of Designated Copyright Agent: Copyright_Agent@spe.sony.com
By submitting an Infringement Notification, you acknowledge and agree that we may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from the Site, you may send us a counter notification. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in a counter notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter notification, to be effective, must be in writing, sent to the Designated Copyright Agent, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Central District of California, for addresses outside the USA) and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that SPE may forward your counter notfication and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, OR THE SITE, OR THE BREACH OF THESE TERMS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO JAMS ("JAMS") FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR'S AWARD. IN ANY LEGAL, JUDICIAL OR OTHER PROCEEDINGS THAT MAY ARISE FOR ANY REASON HEREUNDER, YOU HEREBY IRREVOCABLY AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.
This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order against us or our affiliates with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.