Effective Date: December 3, 2019.
1. Introduction and Overview.
2. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
• Use a software program to harvest content or information without our authorization, including engaging in spidering, “scraping,” or any other automated means to compile information;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services;
• Probe, scan, test the vulnerability of, or breach the security of any system or network;
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes anyone to liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
Subject to your compliance with these Terms, FilmNation grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play our content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any content, and (ii) may be suspended or terminated for any reason, in FilmNation’s sole discretion, and without advance notice or liability. Your unauthorized use of our content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
4. Links to Third Party Content
The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.
We love hearing from FilmNation fans! However, please be advised that WE DO NOT SOLICIT, NOR ARE WE ABLE TO ACCEPT, ANY creative ideas, opinions, techniques, images, sounds, videos, suggestions or materials for the next box office hit, Emmy-winning sitcom, or other content through or related to the Service (“User Submissions”). We hope you understand that our “no submissions” policy is to avoid the possibility of future misunderstandings about who came up with the idea for a story or idea – you would be surprised at how often we get submitted projects that are very similar to each other.
In the event that you send a User Submission despite our no submissions policy, we will make a good faith effort to return any materials, unread, back to you. When reasonable, we will not charge you for costs we incur in returning your materials. If you sent your submission by email or through our Contact Us page, we will respond to your electronic User Submission by reminding you of our policy and deleting your submission without reviewing it.
Furthermore, please be aware that in the event you submit a User Submission to us against our wishes:
- You grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed.
- You hereby waive any moral rights you may have in your User Submissions and agree that by submitting a User Submission, you represent, on behalf of any submission participant or identifiable individual within the submission, that you have obtained their consent, or of their parent or legal guardian if the individual is under 18 years old, for us to enjoy all of the rights and privileges that you grant to us under these Terms.
- You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your User Submission is not an admission of its novelty, priority, or originality. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your User Submission now or in the future.
6. Disclaimer of Warranties; Limitation of Liability
Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
In no event will we, or our directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
8. WAIVER OF INJUCTIVE RELIEF
You agree that you will not be permitted to obtain an injunction or other equitable relief of any kind, that may interfere with or prevent the development, use, or exploitation of any website, service, film, or intellectual property owned, licensed, used or controlled by FilmNation.
9. CHOICE OF LAW AND FORUM
You agree that your access to and use of the Services will be governed by and will be construed in accordance with the law of the State of New York without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in New York, unless agreed upon by all parties.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.