STX Entertainment

STX PRODUCTIONS, LLC TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE STX PRODUCTIONS, LLC WEBSITE. BY USING THE STX PRODUCTIONS, LLC WEB SITE YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE including how we settle disputes between us. This web site is owned and operated by STX Productions, LLC on its own behalf or in combination with any of its subsidiaries (collectively, “Company” or “we,” “us,” or “our”), which are all part of the entertainment operations of STX Financing, LLC (the “Parent Company”). Your use of Company web site is subject to the following terms and conditions of use (“Terms of Use”). If you do not agree to these Terms of Use please do not use the Company web site. We reserve the right to update or modify these Terms of Use at any time. Your continuing use of the Company web site following the posting of any such updates or modifications means you have accepted those changes. We may add, change, discontinue, remove or suspend any of the Company web site materials at any time, without notice and without liability. The information contained on this web site is for informational and entertainment purposes and is subject to change at any time without notice. By accessing or linking to this web site, you assume the risk that the information on this web site may be incomplete, out of date, inaccurate, or may not meet your needs and requirements. Before using this web site, please also review our Privacy Policy.

ELIGIBILITY

You represent and warrant that you are either the applicable age of majority, or if you are younger, that you are at least 13 and are accessing the Company web site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms of Use. Certain parts of the Company web site may be subject to heightened and/or other eligibility requirements.

OWNERSHIP OF MATERIALS

This web site and all of the materials it contains now or in the future, including without limitation text, articles, illustrations, photographs, audio and video materials, copyrights, trademarks, logos, trade names, domain names, patents, all copyrightable material (including source code and object code) and all other forms of intellectual property (collectively, the “Material”) are owned by or licensed to Company by third parties and may not be copied, reproduced, republished, uploaded, posted, transmitted, reverse-engineered, modified, or distributed in whole or in part in any manner unless expressly permitted to do so in writing by Company. Any use of the Material other than as permitted by these Terms of Use shall be a violation of these Terms of Use and may constitute copyright, trademark and/or patent infringement and/or infringe other rights of Company and other persons or entities. You agree not to use the Material for any unlawful purposes and not to violate Company's rights or the rights of others. Nothing contained in these Terms of Use shall be construed as granting any license or right to use any Material in any manner without the prior written consent of Company. You agree not to interfere with the normal processes or use of the Company web site by other users, including without limitation by attempting to access administrative areas of the web site. You agree to report any violation of these Terms of Use by others you have knowledge of.

USER FORUMS

The Company web site may contain certain forums, which include chat rooms, message boards or other interactive areas (“User Forums”). If you participate in any User Forum within the Company web site, you agree not to do any of the following:

We do not and cannot review every message posted by users in the User Forums, and are not responsible for the content of user messages or the views or opinions expressed by the users of the User Forums. We reserve the right, but not the obligation, to delete, move or edit content, in whole or in part, submitted by you for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company, its users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material. We do not endorse the user content posted in User Forums and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through a User Forum. You understand that the uploading to and/or posting of any content in any User Forum shall not be subject to any obligation of confidence on the part of Company, and we shall not be liable for any use or disclosure of any such content.

By posting or uploading to a User Forum or submitting any other content to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such content or incorporate such content in any form, medium, or technology now known hereafter devised throughout the universe in perpetuity without compensation or credit to the provider, author or owner of the content. In addition, you warrant that any content uploaded or posted by you does not violate any person's so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world. You agree to indemnify, defend and hold Company, its Parent Company, affiliates, subsidiaries, licensors and assigns harmless for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any content or submitting any content to Company and/or your failure to comply with the above guidelines.

SUBMISSIONS

Company does not accept unsolicited submissions for motion pictures, television programs, web sites or any other products or services. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of our professional staff might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to us through this web site or otherwise.

If you send or post certain specific submissions at our request (e.g., via postings to User Forums or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, screenplays, artwork, or any other creative materials (“Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, any such Submission shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all rights now known or hereafter existing to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any Submission, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the Submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

LINKING POLICY

If you link to this web site we require that you comply with the following guidelines. You may link only to the home page, and the link must be in plain text. The link must not damage, dilute or tarnish the goodwill associated with Company and/or its intellectual property, nor create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Company. You may not “frame” our website or alter its intellectual property or content in any other manner. You may not link to our web site from any site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Company in its sole discretion. We reserve the right, in our sole discretion, to terminate a link with any web site for any reason or no reason at all.

Company is not responsible for the content or performance of any portion of the Internet or any other web sites to which this web site may be linked or from which this web site may be accessed. Users are requested to inform Company of any errors or inappropriate material found on web sites to which our web site is or may be linked.

PROMOTIONS

From time to time this web site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the web site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter.  By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

MEMBERSHIP & REGISTRATION

Certain areas of the Company web site may require registration or may otherwise ask you to provide information in order to participate in certain features or to access certain content. The web site’s practices governing your personal information are disclosed in its Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the web site. When you provide information to the web site, you agree to provide only true, accurate, current and complete information.

If you register on the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the web site using your name in whole or in part. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE COMPANY WEBSITE AND ALL MATERIALS ON THE COMPANY WEB SITE ARE PROVIDED "AS IS" AS AVAILABLE “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE COMPANY WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE COMPANY WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Company web site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Company web site or third party content on our web site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

LIMITATIONS ON LIABILITY

YOU AGREE THAT COMPANY AND ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, THE USER FORUMS, THE MATERIAL ON THIS WEB SITE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this web site or the materials contained therein. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this web site do not necessarily state or reflect those of Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available in this web site.

INDEMNIFICATION

BY USING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICER AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW; YOUR USE OF THIS WEB SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OUR DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED.

Any dispute or claim relating in any way to your use of this web site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent The Corporation Trust Company, Corporation Trust Center 1209 Orange Street, Wilmington, DE 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Modifications, Entire Agreement and Severability

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

COPYRIGHTS AND COPYRIGHT AGENT

Company respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the web site. Our Copyright Agent may be reached at copyrightagent@STXentertainment.com or by mailing to STX Entertainment, 3900 West Alameda Ave, 32nd Floor, Burbank, CA 91505; Attention: Copyright Agent.

If you believe that any user content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide our Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. The exact URL or a description reasonably sufficient to permit us to locate where the alleged infringing material is located on the web site;
  4. Your name, address, telephone number and email address;
  5. 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;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

VIOLATIONS & OTHER POLICIES

Company will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding. Any violation of these Terms of Use may result in restrictions on your access to all or part of the web site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. We reserve the right to modify or discontinue this web site, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to the web site, or upon demand from us, you must destroy all materials obtained from this web site and all related documentation and all copies and installations thereof. Company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the web site; (ii) acting in violation of these Terms of Use; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass Company, its representatives or any other individual in any manner related to the web site.

JURISDICTIONAL ISSUES

This web site is controlled and operated by Company from its offices within the State of California, United States. We make no representation that materials on the web site are appropriate or available for use in other locations. Software from this web site is further subject to United States export controls. No software from this web site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

CONTACT INFORMATION

If you have any questions, comments or concerns about our web site or these Terms of Use, you may contact us at termsofuse@STXentertainment.com.