Last Updated: 1/31/2022
RIGHT TO UPDATE YOU
ACCESSING THE SITE
Company reserves the right to withdraw or amend this Site, and any service or material provided on the Site at any time, in its sole discretion, and without notice to you. Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Site, or the entire Site, to users, including registered users if applicable. Any of the material on the Site may be out of date at any given time, and Company is under no obligation to update such material.
OWNERSHIP/LICENSE OF THE COMPANY SITE CONTENT
Company is the owner, licensee, or otherwise the rights holder of all of the content contained on the Site, which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, software, displays, audio and the design, selection and arrangement thereof. The Site is protected by copyright, trademark and/or other proprietary intellectual property rights, which are owned or licensed by Company, and are protected under United States and international intellectual property laws. By using the Site you acknowledge that you do not acquire any ownership rights in the Site or any of its contents. The Company grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and code, (collectively, the “Site Material”) are the exclusive property of Company, its clients or licensors. The Site Materials are protected by United States and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Site Material, or (ii) use the Site Material on other websites or in any media, (e.g., social media or networking environment) without the Company’s prior written consent. All Company or client trademarks, logos, service marks, related names, product or service names, slogans, and designs (the “Marks”) displayed on the Site are the exclusive property of Company or its respective clients or licensors. You shall not use the Marks in any manner without the prior written consent of Company. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these TOU, your right to use the Site will cease immediately and you must, at Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you at any time, and all rights not expressly granted herein are reserved by Company.
You may use the Site only for lawful purposes and in accordance with these TOU. You agree not to use the Site to:
- Violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
- Infringe any intellectual property, publicity and/or privacy rights, including, but not limited to, patent, copyright, trademark, privacy, or trade secrets, of any third party;
- Upload, post, transmit, or store any material that:
- is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, objectionable, abusive, vulgar, hateful, sexually explicit or which discloses private or personal matters concerning any person;
- breaches any of your contractual or confidentiality obligations;
- disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, posting any abnormally large file or other material, or transmitting any file that permits unauthorized access to the Site or the Company’s systems; or
- is not permitted by the Company, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials.
- violate others’ privacy rights or personal rights through use or abuse of the Site Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting others’ personal information;
- breach or attempt to breach any security measures of the Site;
- use any device, process, or mechanism to monitor, retrieve, search, or access the Site, Site Material or other data or content without the Company’s systems or network, without the Company’s prior written consent;
- copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Site Materials, except for materials that have been submitted and are owned by you;
- post or submit any inaccurate, false, misleading or incomplete information;
- impersonate any person or entity;
- misrepresent yourself, your affiliation with any third party, or your entity.
- omit material information related to your connection with any product, person or entity;
- gather any email addresses or other personal information that has been posted by other users of the Site for marketing or for commercial or other improper purposes;
- “Frame” or “mirror” the Site, or any part thereof; or
- use any automatic means (e.g. robot, spider, offline reader) or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, the only exception relates to public search engines used solely to create publicly available search indices (which we may revoke such rights at any time in our sole discretion).
LINKS TO THIRD PARTIES/FRAMING
The Site may have links, such as hyperlinks or buttons, directing access to third-party websites (“Linked Sites”). The Linked Sites are not controlled or monitored by the Company. The Company shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between the Company and the owner of the Linked Sites or any endorsement or sponsorship by the Company of the Linked Sites. The Company includes the Linked Sites solely for your convenience. You are solely responsible for your access to the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites. You may not, without our prior written permission, frame or inline link any of the content on the Site, or incorporate into another website or another service into any Site Material, content or intellectual property.
You agree to indemnify, defend, and hold the Company, its clients, their respective shareholders, officers, directors, members, agents, and employees and licensors, harmless from any claims or demands of any third-party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your use of the Site, or your violation of any terms and conditions of these TOU.
ELIGIBILITY / OTHER AGREEMENTS
The Site is made available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, you may not use the Site. If you do not agree with each provision of these TOU, or you are not authorized to agree to and accept these TOU, you may not use the Site. These TOU are in addition to and supplement any written agreements that you or any persons you represent have with the Company, now or in the future. In the event of any inconsistency or conflict between the provisions of these TOU and any such other agreement, the provisions of these TOU shall govern your access to and use of the Site. You agree to execute any additional documents or take any other steps necessary in order to fulfill these TOU, including, but not limited to, if you are the member of any union which may regulate your ability to enter into agreements with respect to your creative work, executing a waiver of any such provisions, restrictions or limitations. If you are submitting on behalf of a team or company, you understand that the Company may require all members of your team to register with the Company or to execute additional documents and that if all team members do not execute the requested documents, the Company may, in its discretion, determine that your team is ineligible.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SITE. THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE COMPANY’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE. THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY THE COMPANY TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY THE COMPANY IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO THE COMPANY BY MEANS OF THE SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR EMAIL SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE SITE; (F) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND THE COMPANY DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR THE SUBMISSION AND USE OF THE SITE AND ANY SITE MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE THE COMPANY, ITS SHAREHOLDERS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT,INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, SITE MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU FURTHER UNDERSTAND AND AGREE THAT THE COMPANY, ITS CLIENTS, THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, THE COMPANY’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $100.
The Company has the right, in its sole discretion, to terminate any services of the Site and to remove any Site Materials from the Site. The Company may also terminate your access to any part or all of the services provided by the Company on the Site at any time, with or without cause or notice, for any reason.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by registered mail to the address below. The notice must comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
- Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
You agree that there is no employment, partnership, agency, joint employer or joint venture relationship between you and the Company or its clients arising out of or resulting from your Use of the Site. These TOU are governed by the laws of the State of California, United States of America, without giving effect to any principles of conflict of laws. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The Site may be hosted in the United States or another country and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the country in which you reside to anywhere in the world. The Company does not warrant that this Site (or the use thereof) will be lawful from where you access the Site. Wherever you view, access, submit, or download materials to and from the Site you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations and/or those of your country of residence or the country from which you access the Site. The failure or delay by either party to enforce the terms of these TOU shall not be deemed as a waiver of such term.
HOW TO CONTACT US
If you have any questions about these TOU or the Site, please contact us at [email protected]
360 E 2nd St, Floor 7
Los Angeles, CA 90012
© 2022 Hyperion Productions, LLC. All Rights Reserved.