THIS SITE IS HOSTED ON SERVERS IN THE UNITED STATES AND YOUR USE OF IT, WHEREVER YOU ARE RESIDENT, SHALL BE SUBJECT TO AND GOVERNED BY THE LAWS OF THE UNITED STATES. ANY MANDATORY RIGHTS UNDER APPLICABLE LOCAL LAW SHALL REMAIN UNAFFECTED.
SPE reserves the right, at its sole discretion, to change, modify, and/or add to these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted and accepted by you using the Site. You agree to review these Terms periodically to become aware of any changes. Your use of the Site or any part thereof after any changes to these Terms are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site.
2. OWNERSHIP; RESTRICTIONS ON USE
The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by SPE and/or its 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; and/or (ii) to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these Terms.
POSSIBLE LICENSES THAT MAY BE GRANTED TO YOU (DEPENDING ON THE FEATURES AND FUNCTIONALITIES PROVIDED ON THE SITE)
Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site, any one or more of the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a "License"), if and as applicable:
- the License to access, view, interact with, and otherwise use the Site (including, without limitation any Site Services provided on or through the Site) for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Site; and
- the License to submit User Submissions to the Site to have it uploaded onto the Site.
3. YOUR RESPONSIBILITIES
Your rights under any one or more of the Licenses set forth above, if granted to you based on the functionality available on the Site, are conditioned upon your compliance with each of the following:
- you will not create or Submit (as defined below) a User Submission (as defined below) that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, is misleading or deceptive, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations, directives, treaties or guidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing or unauthorized content;
- you will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any social media web sites or other web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
- you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
- you will not use any of the rights granted to you or any of the Site content or Site Services in a manner that suggests an association with any of SPE's products, services or brands, unless otherwise specifically permitted by SPE to do so;
- you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site's servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating public search engine, in which case (subject to SPE's full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
- you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of SPE or any of its affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative); and
- you will not do anything on the Site that would prevent other users' access to or use of the Site or any part thereof.
4. USER SUBMISSIONS; GRANT OF LICENSE TO SPE; YOUR WARRANTIES AND REPRESENTATIONS
The Site enables you to submit your 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") to have your User Submissions uploaded onto the Site for purposes of your interaction with features of the Site, or to communicate with the Site (collectively, "Submit"). 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 and that SPE or any party designated by SPE as the Site’s operator shall not bear any responsibility or carry any liabiliy for the content of your User Submissions or their uploading to the Site. It is not SPE's regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but SPE may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or by means of the Site, you automatically grant to SPE and its affiliates, an irrevocable, perpetual, for the full term of protection of the exclusive right in and to the relevant User Submission, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, assignable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license to make available to the general public over the Internet and any other telecommunications network, including wireless networks, publicly display, publicly perform, distribute, communicate, store, transcode, host, cache, maintain, broadcast, cablecast, webcast, reproduce, edit, modify, delete, create derivative works of any type, and/or otherwise use your User Submissions (or any portions or derivative works thereof), associated with your name, in any manner, medium, form or content delivery technology now known or hereinafter devised, for any purpose associated with the promotion of the products or services of SPE, as determined solely in SPE’s (or its 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"). You hereby expressly agree that SPE may use any of your User Submissions within the scope of rights granted by you under the SPE License above with or without designating your name as the author or right holder of the relevant User Submission, or anonymously, at SPE’s sole discretion. To the extent permitted by Applicable Laws, you expressly waive in favor of SPE all moral rights you may have in respect of your Submission and unconditionally consent to any act or omission by SPE in relation to your User Submission that may otherwise be an infringement of your moral rights.The SPE License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or SPE terminates your access to the Site.
NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER OR ASSIGN TO SPE OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT SPE AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE SPE LICENSED ASSETS (IF ANY) THAT MAY BE INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO SPE THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE SPE AND/OR ANY OF ITS AFFILIATES OR AUTHORIZED DESIGNEES TO MAKE AVAILABLE TO THE GENERAL PUBLIC, HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE SPE LICENSE.
SPE is not responsible for any loss, theft or damage of any kind to any User Submissions, except to the extent that you suffer loss as a result of a breach by SPE of rights you have under Applicable Laws or as a result of SPE's negligence or willful misconduct.
You acknowledge that SPE is not required by Applicable Laws to pre-screen any User Submissions submitted by you or other users of the Site but that SPE (and/or any of its authorized designees) has 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 SPE in its sole discretion. SPE shall have the right in its 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 SPE in its sole discretion. In this case, SPE may be entitled to terminate your and/or any Site user's (as applicable) 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). SPE does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of SPE or any of its affiliates or designees. To the extent permitted by Applicable Laws SPE disclaims any and all liability in connection with any and all User Submissions, except to the extent that you suffer loss as a result of a breach by SPE of rights you have under consumer laws or as a result of SPE's negligence or willful misconduct, and you agree to waive any legal or equitable rights or remedies you may have against SPE or any of its affiliates with respect to such User Submissions. SPE reserves the right to report any unlawful or illegal User Submission to the relevant third parties, such as law enforcement agencies and intellectual property holders, and SPE shall block access and remove any User Submission reported by law enforcement agencies or intellectual property holders.
These provisions shall remain in full force and effect notwithstanding any termination of your use of the Site.
5. THIRD PARTY LINKS
The Site may link to, and/or contain features from or advertisements about, non-SPE owned or controlled Web sites or other Internet or mobile resources. You acknowledge and understand that SPE does not endorse or sponsor such other third party Web sites or other Internet resources and TO THE EXTENT PERMITTED BY APPLICABLE LAWS SPE EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE RESOURCES.
6. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND EXCEPT IN RESPECT OF ANY APPLICABLE WARRANTIES, REPRESENTATIONS OR GUARANTEES WHICH CANNOT BE LIMITED OR EXCLUDED, SPE AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). To the extent permitted by Applicable Laws, neither SPE nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet or mobile resources linked to the Site. SPE reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site (including, without limitation any of the Site Services).
7. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL SPE OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.
NOTHING IN THESE TERMS SHALL (A) AFFECT STATUTORY RIGHTS WHICH YOU ARE ALWAYS ENTITLED TO AS A CONSUMER AND WHICH YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE OR (B) EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.
You agree to indemnify and hold harmless SPE and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, 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 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 person's 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 registered 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). SPE reserves 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 SPE in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
9. COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
SPE respects the intellectual property rights of others. Upon proper notice, SPE will remove User Submissions (and any other Site content) that violate copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, SPE has 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 SPE's 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 SPE to locate the material on the Site; (iii) information reasonably sufficient to permit SPE 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.
SPE Designated Copyright Agent
10202 W. Washington Boulevard, Culver City, CA 90232
Phone Number of SPE Designated Copyright Agent: 310-244-7850
Fax Number of SPE Designated Copyright Agent: 310-244-1742
E-Mail of SPE Designated Copyright Agent: Copyright_Agent@spe.sony.com
By submitting an Infringement Notification, you acknowledge and agree that SPE 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 SPE a counter notification. Pursuant to federal law of the USA 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 SPE's 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 notification 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.
10. BINDING ARBITRATION
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. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY STATUTORY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAWS.
This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
11. SEVERABILITY; WAIVER
If any provision of these Terms shall be held unlawful, void, unfair, 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. The failure of SPE 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.
12. NO RIGHTS REGARDING FUTURE ACCESS TO THE SITE
The rights under these Terms are granted for the duration of your visit and use of the Site. The Terms do not grant you any rights with respect to your future access to the Site. Thus, SPE may, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT SPE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER SPE NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO THE SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF THE SITE, EXCEPT TO THE EXTENT THAT YOU SUFFER LOSS AS A RESULT OF A BREACH BY SPE OF RIGHTS YOU HAVE UNDER CONSUMER LAWS OR AS A RESULT OF SPE'S NEGLIGENCE OR WILLFUL MISCONDUCT. You may discontinue your access to, use or participation on or by means of the Site at any time.
13. INJUNCTIVE RELIEF
Notwithstanding anything to the contrary herein and to the maximum extent permitted by Applicable Laws, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any SPE or any SPE affiliate-related 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.
14. CHANGES IN SITE OWNERSHIP